Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Order passed in four appeals filed by the respondents questioning correctness of Order dated 10th February, 2006 passed by a learned Single Judge of Calcutta High Court form the subject matter of challenge in this appeal. A learned Single Judge had set aside the Order dated 28.12.2004 passed by the Controller of Patents and Designs (in short the ‘Controller’) and remanded the matter to him for arriving at a fresh decision on the application of the writ petitioners for exclusive marketing right according to law that existed on 3rd May, 2002. The Controller was also asked to consider the report of the examiner dated 28.7.2000.

3.Background facts giving rise to the filing of the writ petition were as follows :

The writ petitioners filed an application for grant of patent under Section 5(2) of the Patents Act, 1970 (in short the ‘Act’) on 28th August, 1998. Subsequently, on 30th June, 2000 the writ petitioners further filed an application for grant of “Exclusive Marketing Right” (in short the `EMR’). On July 28, 2000 the examiner filed examination report as regards the claim of the writ petitioners for grant of EMR.

The Controller of Pate