F.Hoffmann-La Roche Ag v. Controller Of Patents And Designs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMP(PT)/30/2023 (T)CMA(PT)/SR.210/2023 (OA/SR.195/2015/PT/CHN) F.Hoffmann-La Roche AG, 124 Grenzacherstrasse, CH-4070, Basel, Switzerland.

... Petitioner -vs1.The Controller of Patents and Designs, Government of India, Patent Office Intellectual Property Rights Building, GST Road, Guindy, Chennai 600 032.

2.CIPLA LTD., 289, Bellasis Road, Mumbai Central, Mumbai 400 008.

... Respondents PRAYER in (T)CMP(PT)/30/2023: Transfer Civil Miscellaneous petition filed under Section 5 of the Limitation Act, praying to allow this application and pass an order condoning the delay of 56 days. PRAYER in (T)CMA(PT)/SR.210/2023: Transfer Civil Miscellaneous Appeal (Patents) filed under Section 117-A of the Indian Patents Act, 1970, praying to set aside the impugned order dated 19th December 2014 passed by Respondent No.1 in respect of the Patent No.208718 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna and to pass an order rejecting the opposition under Section 25(2) filed against the Patent No.208718.

For Petitioner : Mr.A.Vijay Anand for M/s.De Penning and De Penning For Respondents : Mr.S.Janarthanam, SPC **********

ORDER

Learned counsel for the petitioner / intending appellant submits that he has been instructed to withdraw the appeal on account of the fact that the term of patent expired on 01.10.2019. A memo dated 13.11.2023 was filed for the above purpose.

2. By taking note of the memo, (T)CMP(PT)/30/2023 is dismissed and, consequently, the appeal stands dismissed as withdrawn at the SR stage.

16.11.2023 rna Index : Yes / No Internet : Yes / No (T)CMP(PT)/30/2023 (T)CMA(PT)/SR.210/2023 (OA/SR.195/2015/PT/CHN) 2/2 https://www.mhc.tn.gov.in/judis