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2019 Supreme(Del) 1007

SURESH KUMAR KAIT
Onyx Therapeutics Inc – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Anil Dutt, Adv., Gunjan Hans, Adv., Manish Mohan, Adv., Manisha Saroha, Adv., J. Sai Deepak, Adv., Afzal B Khan, Adv., Eashan Ghosh, Adv.

JUDGMENT :

Suresh Kumar Kait, J.

The present petition is preferred for quashing the impugned orders dated 12.05.2017 and 11.04.2017 passed by the respondent No. 2 and restore the order dated April 10, 2017. Consequently, enable the petitioner to cross-examine Dr. Surajit Sinha and Dr. Prachi Tiwari prior to a final hearing on merits in the Section 25(2), Patents Act proceeding initiated by the respondent No. 3 against Patent No. 255964.

2. Further seeks direction thereby directing the respondent No. 2 to pass an order on the petitioner's objections/reply dated 05.06.2015 to taking on record the additional testimony of Dr. Prachi Tiwari as filed by the Respondent No. 3 on 17.04.2015, prior to any final hearing on merits in the Section 25(2), Patents Act proceeding initiated by the Respondent No. 3 against Patent No. 255964.

3. The brief facts of this case are that the petitioner is a company incorporated under the laws of the United States, having its registered office now at One Amgen Center Drive, Thousand Oaks, California, 91320-1799, USA and engaged in the research, development and commercialization of novel therapeutics that target protein degradation pathways for cancer and autoim
























































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