Sequenom Inc & Anr vs The Controller Of Patents on 24 January, 2022

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Delhi High Court - Orders

Sequenom Inc & Anr vs The Controller Of Patents on 24 January, 2022

Bench: Sanjeev Narula

                          $~18
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.A.(COMM.IPD-PAT) 13/2022
                                 SEQUENOM INC & ANR.                                        ..... Appellants
                                                     Through:     Mr. Debashish Banerjee, Advocate.

                                                     versus

                                 THE CONTROLLER OF PATENTS                ..... Respondent
                                             Through: Mr. Harish Vaidyanathan Shankar,
                                                       CGSC with Ms. S. Bushra Kazim, Mr.
                                                       Karan Chhibber and Mr. Zeeshan
                                                       Rizvi, Advocates.
                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                       ORDER

% 24.01.2022 [VIA VIDEO CONFERENCING] I.A. No. 1259/2022 (seeking exemption from filing originals, certified and typed copies of dim documents with improper double space/ margins and translated copies of the annexures)

1. Exemption is granted, subject to all just exceptions.

2. The Appellants shall file better copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

I.A. No. 1305/2022 (seeking exemption from apostilization)

4. Exemption is granted, subject to all just exceptions.

5. The Applicant shall file the exempted documents within six weeks from the day the facility for apostilization is resumed.

Signature Not Verified Digitally Signed By:AKANSHA SINGH Signing Date:24.01.2022 19:42:53

6. Accordingly, the application stands disposed of. I.A. No. 1258/2022 (seeking condonation of delay of 609 days in filing the appeal)

7. For the grounds and reasons stated therein, and in view of the Order of the Supreme Court dated 23rd September, 2021 in Suo Motu Writ Petition (Civil) No. 3/2020 extending limitation in filing, the delay of 609 days in filing the present appeal stands condoned.

8. The application stands disposed of.

C.A.(COMM.IPD-PAT) 13/2022

9. The present appeal under Section 117A of the Patents Act, 1970, is directed against the Order dated 20th January, 2020 passed by the Controller under Section 15 of the Act, rejecting Petitioner's patent application in view of the bar contained under Section 3(i) of the Patent Act.

10. Issue notice. Mr. Harish Vaidyanathan Shankar, CGSC, accepts notice on behalf of the Respondent.

11. Let a reply be filed within a period of three weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.

12. Parties are further directed to file a brief note of submissions, not exceeding three pages, along with the relevant case law(s), within a period of six weeks from today.

13. Re-notify on 15th March, 2022.

SANJEEV NARULA, J JANUARY 24, 2022 as Signature Not Verified Digitally Signed By:AKANSHA SINGH Signing Date:24.01.2022 19:42:53

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Delhi High Court - Orders