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Madras High Court

Novozymes A/S vs The Assistant Controller Of Patents And ... on 18 August, 2023

                                                                                            (T)CMA(PT)/36/2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                           DATED: 18.08.2023
                                                               CORAM
                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
                                                       (T)CMA(PT)/36/2023
                                                       (OA/29/2016/PT/CH)

                     Novozymes A/S,
                     Krogshoejvej 36, Dk-2880 Bagsvaerd, Denmark                              ... Appellant
                                                    -vs-

                     The Assistant Controller of Patents and Designs,
                     Patent Office,
                     Intellectual Property Building,
                     GST Road, Guindy,
                     Chennai - 600 032.                                                     ... Respondent


                     PRAYER: Transfer Civil Miscellaneous Appeal (Patents) filed under
                     Sections 117-A of the Patents Act, 1970, pleased to allow the present
                     appeal and set aside the impugned order dated 11th April 2016,
                     passed        by       the    Respondent       for   Indian    Patent     Application
                     No.1691/CHENP/2010 titled "Polypeptides having Cellobiohydrolase II
                     activity and Polynucleotides encoding same" and pass an order of
                     granting           a         patent      for    Indian        Patent      Application
                     No.1691/CHENP/2010 and in the alternative, direct the respondent
                     to provide an opportunity to the Appellant to amend the Indian
                     Patent Application No.1691/CHENP/2010 and consequently, direct


                     1/2


https://www.mhc.tn.gov.in/judis
                                                                              (T)CMA(PT)/36/2023

                                                       SENTHILKUMAR RAMAMOORTHY,J

                                                                                           rna

                     the respondent to grant of patent in respect of the Indian Patent
                     Application No.1691/CHENP/2010.
                                       For Appellant   : Mr.K.Muthu Selvam
                                                         for M/s.K and S Partners
                                       For Respondent : Mr.K.Subbu Ranga Bharathi, CGSC

                                                        *********

                                                       JUDGMENT

Learned counsel for the appellant submits that he has been instructed to withdraw the appeal. An endorsement has been made for the said purpose.

2. By taking note of the same, (T)CMA(PT)/36/2023 is dismissed as withdrawn without any order as to costs.

18.08.2023 rna Index : Yes / No Internet : Yes / No (T)CMA(PT)/36/2023 (OA/29/2016/PT/CH) 2/2 https://www.mhc.tn.gov.in/judis