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2022 Supreme(Del) 117

PRATHIBA M.SINGH
Reddys Laboratories Limited – Appellant
Versus
Controller Of Patents – Respondent


Advocates Appeared:
Mr. J. Sai Deepak, Advocate With Mr. Avinash Kumar Sharma, Mr. Ankur Vyas & Mr. Shahid Khan, Advocates, for the Appellant, Mr. Harish V. Shankar, Cgsc, Ms. S. Bushra Kazim, Mr. Srish Kumar Mishra, Advocates, for the Respondent.

ORDER

Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode. I.A. 5674/2022 in C.O.(COMM.IPD-PAT) 3/2021

2. This is an application by the Petitioners seeking to place on record affidavits of the expert, Dr. Jeffrey A. Stafford. The said affidavits, annexed to the present application, are taken on record, subject to any objections of the Petitioners, who may wish to controvert the same by way of their own affidavits, if required.

3. Accordingly, I.A. 5674/2022 is disposed of. I.A. 3419/2022 in C.O.(COMM.IPD-PAT) 3/2021

4. This is an application seeking dismissal of the present revocation petition on the ground that it is barred by limitation. The patent in this case of which revocation is sought is Indian Patent 268846 (hereinafter "IN'846") titled 'Glucopyranosyl-substituted Benzenol derivatives, drugs containing said compounds, the use thereof and method for the production thereof' granted on 18th September, 2017 and published in the official gazette by the Patent Office, on 25th September, 2017. The present petition was filed on 16th October, 2021.

5. The submission of Mr. Sethi, ld. Senior Counsel appearing for the Defendant-Patentee is that the time period f

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