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Madras High Court(T)CMA(PT)/12/2023closed

Huawei Technologies Co., Ltd v. The Controller General Of Patents And Designs

2023-08-01Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (OA/20/2020/PT/CH) Huawei Technologies Co., Ltd A Chinese Corporation At Huawei Administration Building, Bantian, Longgang District, Shenzhen, Guangdong, China 518129.

...

Appellant -vs1.The Controller General of Patents and Designs Mumbai, Mumbai Patent Office, Boudhik Sampada Bhawan, S.M.Road, near Antop Hill Post Office, Antop Hill , Mumbai - 400037.

2.The Deputy Controller of Patents and Designs Chennai, patent Office Chennai, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600032.

3.The Assistant Controller of Patents and Designs Delhi, Patent Office Delhi, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, 1/4

Dwarka, New Delhi - 1100075.

... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Patents) filed under Sections 117-A of the Patents Act, 1970, pleased to Setting aside the impugned order dated March 17, 2020 passed by the Respondent No. 3 in application number 490/CHENP/2011 and Directing the Respondent No. 1 to allot the application to some other Deputy/Assistant Controller of Patent Office and to consider the application on merits afresh.

For Appellant : Mr.Dominic Alvares for M/s.S.Majumdar and Co.

For Respondents : Mr.Rajesh Vivekanandan, Deputy Solicitor General **********

JUDGMENT

Learned counsel for the appellant has placed before me the order dated 04.12.2020 of the erstwhile Intellectual Property Appellate Board in Original Appeal No.20/2020/PT/CHN/4806. By the said order, the appeal was allowed by setting aside the impugned 2/4

order of the Controller and the matter was remanded for reconsideration. In view thereof, no adjudication is necessary.

2. Hence, (T)CMA(PT)/12/2023 is closed in view of the above mentioned order without any order as to costs. 01.08.2023 rna Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J rna 3/4

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