Madras High Court(T)CMA(PT)/84/2023withdrawn dismissed

Oracle International Corporation, v. Controller Of Patents,

2023-07-13Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(PT)/84/2023 (OA/15/2016/PT/CH) Oracle International Corporation, a US Company 500 Oracle Parkway M/S 50P7, Redwood Shores, California, USA 94065.

... Appellant -vs1. Controller of Patents Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600 032.

2. Assistant Controller of Patents, Patent Office Intellectual Property Office Building GST Road, Guindy, Chennai-600 032.

3. The Examiner of Patents Patent Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600 032.

... Respondents PRAYER: Transfer Civil Miscellaneous Appeal (Patents) filed under Section 117-A of the Patents Act, 1970, prayed that (a) the subject matter in the application 3566/CHENP/2006 is patent eligible at least for the reasons below and overturn the impugned order: (1) the learned Controller has erred 1/3

as a matter of law in having read into the claims unclaimed subject matter, and thereby arriving at conclusions incongruous with the clear provisions of the Patent Act; (2) the claimed subject matter is not excluded from patent protection as a 'business method' under section 3(K) of the Patents Act, 1970; (3) the claimed subject matter is not excluded from patent protection as a 'algorithm' under section 3(K) of the Patents Act, 1970; (4) the claimed subject matter is not excluded from patent protection as a 'computer program per se' under section 3(K) of the Patents Act, 1970 and (5) the claimed subject matter is not excluded from protection as a 'mere scheme or rule' under section 3(m) of the Patents Act.

For Appellant : Mr.Dileep Paturu for M/s.Law Firm of Naren Thappeta For Respondent : Mr.S.Janarthanam, CGSC **********

ORDER

Learned counsel for the appellant has submitted a memo dated 06.07.2023 for the withdrawal of the appeal.

2. By taking note of the memo, (T)CMA(PT)/84/2023 is dismissed as withdrawn without any order as to costs.

13.07.2023 kal Index : Yes / No Internet : Yes / No 2/3

SENTHILKUMAR RAMAMOORTHY,J kal (T)CMA(PT)/84/2023 (OA/15/2016/PT/CH) 13.07.2023 3/3