IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2024 CORAM MR.JUSTICE N.SESHASAYEE (T)CMA(PT)/101/2023 (OA/7/2018/PT/CHN)

Martinswerk GmbH Kolner Strasse 110, 50127 Bergheim, Germany;

Nationality: Germany ... Appellant Vs.

Assistant Controller of Patents and Designs Government of India, Patent Office, Intellectual Property Rights Building, GST Road, Guindy, Chennai – 600 032. ... Respondent PRAYER: Transfer Civil Miscellaneous Appeal (Patents) is filed under Section 117A of the Indian Patents Act, 1970, praying that the order dated 20.06.2017 and issued by the Respondent on 20.06.2017 be set aside and the application No.7046/CHENP/2008 for patent be allowed to proceed to grant.

For Appellant : Mr.S.Shivathanu Mohan for M/s.Depenning and Depenning For Respondent : Mr.J.Madanagopal Rao, Special Panel Counsel

JUDGMENT

The learned counsel for the appellant seeks the leave of the Court to withdraw this appeal and he has also filed a memo and has also made an endorsement to that effect.

2.The said memo is recorded.

3.In view of the memo filed in this regard and also the endorsement made, the Transfer Civil Miscellaneous Appeal (Patents) is dismissed as withdrawn. No costs.

06.02.2024 Tsg Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No N.SESHASAYEE, J.

Tsg (T)CMA(PT)/101/2023

06.02.2024