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2023 Supreme(Del) 198

C. HARI SHANKAR
ALLERGAN INC – Appellant
Versus
CONTROLLER OF PATENTS – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ankush Verma, Debashish Banerjee, Vineet Rohilla, Rohit Rangi, Venkatesh Naik, Tanveer Malhotra.
For the Respondents: Harish Vaidyanathan Shankar, Srish Kumar Mishra, Sagar Mehlawat, Alexander Mathai Paikaday.

JUDGMENT :

C. HARI SHANKAR, J.

1. On 13th August 2012, the appellant submitted Patent Application No. 7039/DELNP/2012 to the Patent Office, New Delhi, for grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS.” The application contained the following 20 claims:

    “1. A method for treating an ocular condition comprising the steps of:

Providing at least two biodegradable sustained release implants containing at least one therapeutic agent.

Implanting the at least two biodegradable sustained release implants into the anterior chamber of an eye.

Treating the ocular condition.

Wherein the at least two biodegradable sustained release implants release about 100 ng per day of the at least one bioactive agent for a period greater than about 1 month.

2. The method according to claim 1 wherein the ocular condition is glaucoma.

3. The method according to claim 1 wherein the ocular condition is elevated intraocular pressure.

4. The method according to claim 1 wherein the sustained release implant releases about 70% of the at least one therapeutic agent over the first month.

5. The method according to claim 1, wherein the at least one therapeutic agent is selected from the group co

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