HIGH COURT OF DELHI
NOVO NORDISK A S – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(C)-IPD-19/2022
$~11
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 5thJuly, 2022
+
W.P.(C)-IPD 19/2022 & CM 68-69/2022
NOVO NORDISK A S
..... Petitioner
Through:
Mr. C.M. Lall, Sr. Advocate with Mr.
Sanjeev Kumar Tiwari, Ms. Deepa
Tiku,
Mr.
Amrish
Tiwari,
Mr.
Abhishek Jan & Mr. Shatadal Ghosh,
Advocates (M-7042079908)
versus
UNION OF INDIA & ORS.
..... Respondents
Through:
Mr. Rajshekhar Rao, Sr. Advocate,
Mr. Afzal Badr Khan, Mr. Samik
Mukherjee, Ms. Meherunnisa Anand
Jaitley
Advocates
for
R-4.
(M:9881880037)
Mr. Harish Vaidhyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Sagar
Mehlawat,
Mr.
Alexander
Mathai
Paikaday,
Advocates.
(M:7204711976)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J(Oral)
1.
The present writ petition has been filed by the Petitioner/ Patentee-
Novo Nordisk (hereinafter ‘Patentee’) challenging the order dated 29th June
2022 passed by the ld. Deputy Controller of Patents & Designs (hereinafter
‘Deputy Controller’). The said order was passed by the ld. Deputy
Controller on the representation dated 13th May, 2022 made by the Patentee
in the post grant opposition proceedings qua patent no. IN257402.
2.
The said order on the representation, arises out of order dated 3rd
June, 2022 passed in W.P.(C)-IPD 14/2022 titled Sun Pharmaceutical
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/002470
Industries Ltd. v. Union of India and W.P.(C)-IPD 15/2022 titled Novo
Nordisk A S v. Union of India. In the said order, the Court issued directions
to the Patent Office in the following terms:
3.
The directions above were to the effect that the Patent Office would
decide the representation of the Patentee dated 13th May, 2022 and
thereafter proceed to hear the post-grant opposition on 1st July, 2022. The
Patent Office has now given its decision on 29th June, 2022 disposing of the
representation of the Patentee and fixing the matter for hearing of the post
grant opposition on 4th July, 2022. The Court has been informed today that
the hearing date has been changed to 20th July, 2022 at the request of the
Patentee.
Background:
4.
The brief background of this petition is that the Patentee filed
international patent application bearing no. PCT/DK2004/000792 on 18th
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/002470
November,
2004
in
respect
of
certain
pharmaceutical
preparations.
Thereafter, Indian application bearing no. 2771/DELNP/2006 was filed on
17thMay, 2006. The patent was finally granted on 4th October, 2013 being
IN 257402 titled “PROPYLENE GLYCOL-CONTAINING PEPTIDE
FORMULATIONS”.
5.
Post-grant oppositions under section 25(2) of the Patents Act, 1970
(hereinafter ‘Act’) came to be filed by Opponent/Respondent No.4 - M/s
Sun Pharmaceuticals Industries Ltd. (through its predecessors) (hereinafter
‘Opponent’) as also by Respondent No.5- M/s USV Private Ltd. on 29th
September, 2014 i.e., five days before the time for limitation for filing of the
post-grant expired.
6.
The said post-grant oppositions have now become the subject matter
of multiple writ petitions filed by the parties and the situation as it stands is
that despite almost 8 years having passed since the filing of the post-grant
oppositions, the same continue to remain pending. A perusal of the list of
dates handed over by the ld. Senior Counsel shows that after the initial
submission of the notice of oppositions, the reply statements and affidavits,
multiple affidavits, cross replies, and various other miscellaneous petitions
have been filed by both the parties over the last few years.
7.
After completion of pleadings and filing of evidence by the parties,
the first recommendation of the Opposition Board was given on 21stAugust,
2019 and the hearing of the post grant opposition under Rule 62(1) of the
Patent Rules, 2003 (hereinafter ‘Rules’) was scheduled on 25thSeptember,
2019 and 26thSeptember, 2019. Thereafter, the Patentee filed the affidavit of
an independent expert Prof. Daniel Erik Otzen which was tak