Dsm Ip Assets B.V. v. The Controller Of Patents And Designs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMA(PT)/102/2023 (OA/8/2018/PT/CHN) DSM IP Assets B.V.

a Dutch Company, Het Overloon 1, NL - 6411, TE Heerlen, The Netherlands.

Through its Authorized representative ... Appellant -vsThe Controller of Patents and Designs The Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai - 600 032.

... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Patents) is filed under Section 117-A of the Indian Patents Act, 1970, praying that the order quashing the impugned decision dated July 28, 2017, passed by the Respondent refusing to grant a patent on the Patent Application No.3957/CHENP/2011 of the Appellant; call for the entire records of the Respondent pertaining to the Patent Application No.3957/CHENP/2011 of the Appellant; and issue appropriate direction or Order to the Respondent to grant a patent in favour of the Appellant on Indian Patent Application No. 3957/CHENP/2011. 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna For Appellant : No Appearance For Respondent : Mr.J.Madanagopal Rao, SPC **********

JUDGMENT

The matter is listed today under the caption "for dismissal" because the bailiff's report recorded that notice was served on the appellant through its agent in India on 16.08.2023, but the appellant was not represented at the hearing on 25.09.2023 and all subsequent hearings. At today's hearing, the appellant remains unrepresented.

2. Therefore, (T)CMA(PT)/102/2023 is dismissed for nonprosecution without any order as to costs. 07.12.2023 rna Index : Yes / No Internet : Yes / No (T)CMA(PT)/102/2023 (OA/8/2018/PT/CHN) 2/2 https://www.mhc.tn.gov.in/judis