Madras High Court(T)CMP(PT)/43/2023dismissed

M/S. A. Murugan v. M/S. Union Of India

2023-11-27Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)CMP(PT)/43/2023 (T)CMA(PT)/SR.223/2023 (OA/SR.165/2016/PT/CHN) M/s. A. Murugan Old No. 10/34, New No. 11/46, North Main Road, Sehiyathope (PO), Chidambaram TK, Tamil Nadu. ... Petitioner -vs1.M/s. Union of India represented by The Controller of Patents Patent Office Branch at Chennai IP Buildings, GST Road, Guindy, Chennai - 600 032.

2.M/s. Dow Global Technologies INC 2040, Dow Center Midland, Michigan 48674 U.S.A.

... Respondents 1/5

PRAYER in (T)CMP(PT)/43/2023: Transfer Civil Miscellaneous Petition (Patents) is filed under Section 5 of the Limitation Act, praying to condone the delay of 8 months in filing the present Appeal for the reasons said above and take the appeal on file and thus render justice.

PRAYER in (T)CMA(PT)/SR.223/2023: Transfer Civil Miscellaneous Appeal (Patents) is filed under Section 117-A of the Patents Act, 1970, praying to set aside the order made in No.POCB.126/CHENP/2008/ dated 06.07.2015 passed in Pre-Grant Opposition filed against Patent Application Number 126/CHENP/2008 communicated on 08.07.2015 and received by the Appellant on 10.07.2015 and set aside the same, and set aside review order dated 01.02.2016 passed in the Review application filed against the order passed in No.POCB/126/CHENP/2008/dated 06.07.2015 passed in Pre-Grant Opposition filed against Patent Application Numb12 126/CHENP/2008 and revoke Patent No.267238 granted for Patent 2/5

application number 126/CHENP/2008 and dismiss the Patent Application No.126/CHENP/2008 and revoke Patent No.267238 granted for the same and award costs.

For Petitioner : No Appearance For Respondent 1 : Mr.K.Gunasekar, CGSC For Respondent 2 : Mr.Julick Isaiah for M/s.De Penning and De Penning **********

ORDER

Learned counsel for the second respondent submits that the patent was not renewed after 07.07.2021 and that the last date for renewal thereof also expired. Since the intended appeal relates to revocation of Patent No.267238, which is no longer in force, such appeal has been rendered infructuous. Therefore, this petition is dismissed and the appeal stands dismissed as infructuous in the SR stage.

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Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J rna (T)CMP(PT)/43/2023 (T)CMA(PT)/SR.223/2023 (OA/SR.165/2016/PT/CHN) 4/5

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