Koninklijke Philips Electronics N.V. v. Deputy Controller Of Patents And Designs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (OA/4/2018/PT/CHN) KONINKLIJKE PHILIPS ELECTRONICS N.V., Groenewoudseweg 1, NL-5621 BA, Eindhoven, Netherlands.

... Appellant -vsS.Thangapandian, Deputy Controller of Patents and Designs, Patent Office, Boudhik Sampada Bhawan, G.S.T.Road, Guindy, Chennai-600 032.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Patents) filed under Section 117-A of the Patents Act, 1970, praying to the Hon'ble Court to set aside the order dated 14th March 2017 passed by the Deputy Controller and examine the amended set of claims and pass suitable orders to grant the patent under Section 43 of the Patents Act, 1970. For Appellant : No appearance For Respondent : Mr.S.Janarthanam, SPC

JUDGMENT

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The bailiff's report dated 22.11.2023 records that notice could not be served on the appellant through its agent Dr.T.V.Ravi because there is no such person in the given address. Therefore, learned counsel for the Controller of Patents was directed to ascertain whether a change of agent or change of address was communicated to the Patent Office in respect of Patent Application No.1135/CHENP/2007. At today's hearing, learned counsel for the Controller of Patents reports that no change of agent or change of address was communicated. In these circumstances, it is not possible to proceed further with the appeal. Therefore, (T)CMA(PT)/6/2023 is dismissed for non-prosecution without any order as to costs. 15.12.2023 Index : Yes / No Internet : Yes / No kj SENTHILKUMAR RAMAMOORTHY,J 2/3

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