Huawei Technologies Co.Ltd v. The Controller Of Patents

CMP No.12658 of 2023 CMP Nos.12635, 12658 & 12588 of 2023 & CMA(PT).76847 of 2022(Filing No.) CMA(PT).76848 of 2022(Filing No.) CMA(PT).76849 of 2022(Filing No.) SENTHILKUMAR RAMAMOORTHY,J Learned counsel for the proposed appellant has filed affidavits of service evidencing service of notice on the sole respondent. Mr.Subbu Ranga Bharathi, learned Central Government Standing Counsel, enters appearance for the sole respondent in all these matters. He opposes these petitions by reference to the duration of delay and contends that sufficient cause is not made out to condone delay.

2. The orders impugned in these matters were pronounced by the Patent Office on 28.10.2021, 16.12.2021 and 13.12.2021. Prior thereto, the Intellectual Property Appellate Board (IPAB), which was the statutory forum for appeal, ceased functioning. In each case, review petitions were filed and such review petitions were dismissed by the Patent Office in April 2022. The appeals were presented before this Court shortly thereafter in July 2022 but could not be numbered and listed earlier because this Division was notified only on 05.04.2023.

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CMP No.12658 of 2023 SENTHILKUMAR RAMAMOORTHY, J kal

3. The above facts and circumstances constitute sufficient cause to condone the delay in presenting these appeals. Consequently, the miscellaneous petitions to condone delay are allowed and the Registry is directed to number the appeals, if otherwise in order. 13.07.2023 kal CMP Nos.12635, 12658 & 12588 of 2023 & CMA(PT).76847 of 2022(Filing No.) CMA(PT).76848 of 2022(Filing No.) CMA(PT).76849 of 2022(Filing No.) 2/2 https://www.mhc.tn.gov.in/judis