Novozymes A/S v. The Assistant Controller Of Patents And Designs

(T)CMA(PT)/36/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(PT)/36/2023 (OA/29/2016/PT/CH) Novozymes A/S, Krogshoejvej 36, Dk-2880 Bagsvaerd, Denmark ... Appellant -vsThe Assistant Controller of Patents and Designs, Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai - 600 032.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Patents) filed under Sections 117-A of the Patents Act, 1970, pleased to allow the present appeal and set aside the impugned order dated 11th April 2016, passed by the Respondent for Indian Patent Application No.1691/CHENP/2010 titled "Polypeptides having Cellobiohydrolase II activity and Polynucleotides encoding same" and pass an order of granting a patent for Indian Patent Application No.1691/CHENP/2010 and in the alternative, direct the respondent to provide an opportunity to the Appellant to amend the Indian Patent Application No.1691/CHENP/2010 and consequently, direct 1/2 https://www.mhc.tn.gov.in/judis

(T)CMA(PT)/36/2023 SENTHILKUMAR RAMAMOORTHY,J rna the respondent to grant of patent in respect of the Indian Patent Application No.1691/CHENP/2010.

For Appellant : Mr.K.Muthu Selvam for M/s.K and S Partners For Respondent : Mr.K.Subbu Ranga Bharathi, CGSC *********

JUDGMENT

Learned counsel for the appellant submits that he has been instructed to withdraw the appeal. An endorsement has been made for the said purpose.

2. By taking note of the same, (T)CMA(PT)/36/2023 is dismissed as withdrawn without any order as to costs. 18.08.2023 rna Index : Yes / No Internet : Yes / No (T)CMA(PT)/36/2023 (OA/29/2016/PT/CH) 2/2 https://www.mhc.tn.gov.in/judis