DELHI HIGH COURT
JYOTI SINGH
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details about post-grant patent opposition (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding procedural compliance (Para 7 , 8) |
| 3. court's directions and non-opinion on merits (Para 9 , 10) |
| 4. conclusion and disposal of petitions (Para 11) |
JUDGMENT
Jyoti Singh, J. (Oral)
1. W.P.(C)-IPD 14/2022 has been filed seeking directions to Respondents No.2 and 3 to fix Petitioner's post-grant opposition, filed against Respondent No.4/Novo Nordisk A/S (patentee), with respect to patent No. IN 257402, for hearing under Rule 62(1) of the Patent Rules, 2003 (hereinafter referred to as `Rules') and adjudicate the same at the earliest, in accordance with law.
2. Patentee had filed a patent application bearing No. 2771/DELNP/2006, which was granted on 04.10.2013 and the Petitioner, through its predecessor-in-interest, filed a post-grant opposition on 29.09.2014, under Section 25(2) of the Patents Act (hereinafter referred to as `Act') against the impugned patent. On 27.08.2019, Recommendation of the Opposition Board was communicated to the parties and a hearing was scheduled under Rule 62(1) of the Rules. However, the proceedings did not progress for one reason or the other, co
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