HIGH COURT OF DELHI
OPENTV INC – Appellant
Versus
THE CONTROLLER OF PATENTS AND DESIGNS AND ANR – Respondent
JUDGMENT
Prathiba M. Singh, J.
The present judgment consists of the following sections:
| S. No. | Section | Page No. |
| 1. | Background | 2 |
| 2. | Facts | 3 |
| 3. | Submissions | 7 |
| 4. | Analysis and findings | 17 |
| 5. | Appendix 1: Originally Filed Claims | 44 |
| 6. | Appendix 2: Final Claims considered by Patent Office | 47 |
| 6. | Appendix 3: Alternative Claims filed before Court | 51 |
1. The Appellant is a company incorporated under the laws of United States of America with address at 275 Sacramento Street, San Francisco, California 94111, USA. The Appellant company is engaged in providing interactive and enhanced television solutions and claims to leverage its technologies and worldwide patent portfolio in providing such services and solutions.
2. The present appeal has been filed by the Appellant- OpenTV Inc. seeking inter alia, an order to set aside the decision dated 31st May, 2021 (hereinafter ‘impugned order’) issued by the office of the Respondent-The Controller of Patents and Designs. The impugned order refused the application for grant of a patent titled ‘System and method to provide gift media’ bearing Application No. 2564/DELNP/2012, filed on 23rd March, 2012 (hereinafter ‘subject patent’),
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