Calcutta High Court (Appellete Side)
Telefonaktiebolaget L M Ericsson ... vs The Controller Of Patents & Designs & Anr on 12 November, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
12.11.10 In the High Court at Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
W.P. No. 21998 (W) of 2010
TELEFONAKTIEBOLAGET L M Ericsson (publ)
v.
The Controller of Patents & Designs & Anr.
Mr Prithwiraj Sinha
Ms Mitul Dasgupta
Mr Debamitra Adhikari
Ms Siddiqui Parveen ...for the petitioner.
Counsel submits that if directions of the authority giving the decision (at
pp.124-148) have to be complied with, then the petitioner will be compelled to
give incorrect declaration in Form 1. According to him, the petitioner is entitled to
delete certain items, since they are not patentable in India, though they were
mentioned in the international application. He says that the time to file the
national phase application will expire on November 16, 2010. He prays for an
order permitting the petitioner to submit the national phase application in the
compliance with the direction of the authority without prejudice to the
petitioner's rights and contentions.
In view of the above-noted situation, I am of the view that it will be
appropriate to admit the petition. Affidavit of service has been filed stating that
notice was given. However, none appears for the respondents.
For these reasons, I admit the petition. The petitioner will be free to submit the national phase application in compliance with the direction of the authority without prejudice to its rights and contentions. The Form 1 declaration shall not be used to level charge of misrepresentation. If the petitioner succeeds, it will be entitled to amend its application suitably and such amendments would be treated as amendments made within the period during which the petitioner is required to file the application.
The respondents shall file opposition within five weeks; reply, if any, shall be filed by one week thereafter. This order shall be communicated to all the respondents within a week and affidavit of service showing compliance shall be filed at the time of final hearing. Liberty to mention the matter for final hearing. Certified xerox.
(Jayanta Kumar Biswas, J.)