Delhi High Court - Orders
Vertex Pharmaceuticals Incorporated vs Controller General Of Patents, Design, ... on 22 July, 2024
$~27 & 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 10/2024 & CM 21/2024, CM 22/2024, CM 23/2024
VERTEX PHARMACEUTICALS INCORPORATED .....Petitioner
Through: Mr. Pravin Anand, Ms. Tusha
Malhotra, Ms. Archana Shanker, Ms.
Sugandha Yadav, Advocates
(M:9818429170)
versus
CONTROLLER GENERAL OF PATENTS, DESIGN,
TRADEMARK AND GEOGRAPHICAL INDICATIONS
& ORS. .....Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday,
Advocates (M:9810788606)
Dr. Shilpa Arora, Advocate for R-3
28
+ W.P.(C)-IPD 12/2024 & CM 39/2024, CM 40/2024, CM 41/2024
VERTEX PHARMACEUTICALS INCORPORATED .....Petitioner
Through: Mr. Pravin Anand, Ms. Tusha
Malhotra, Ms. Archana Shanker, Ms.
Sugandha Yadav, Advocates
(M:9818429170)
versus
CONTROLLER GENERAL OF PATENTS, DESIGN,
TRADEMARK AND GEOGRAPHICAL INDICATIONS & ORS.
.....Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday,
Advocates (M:9810788606)
Dr. Shilpa Arora, Advocate for R-3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/07/2024 at 21:38:28
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 22.07.2024 CM 22/2024 in W.P.(C)-IPD 10/2024 (For Exemption) CM 40/2024 in W.P.(C)-IPD 12/2024 (For Exemption)
1. Exemptions allowed, subject to just exceptions.
2. Applications are disposed of.
CM 23/2024 in W.P.(C)-IPD 10/2024 (Exemption from filing notarized and apostilled Power of Attorney in favour of constituted Attorney executed by petitioner) CM 41/2024 in W.P.(C)-IPD 12/2024 (Exemption from filing notarized and apostilled Power of Attorney in favour of constituted Attorney executed by petitioner)
3. The present applications have been filed on behalf of the petitioner under Section 151 of Code of Civil Procedure, 1908 ("CPC"), seeking exemption from filing legalized/apostilled and notarized Power of Attorney.
4. It is submitted that the petitioner has filed the copy of the original Power of Attorney duly executed by the petitioner Company. However, it will take some time to apostille/ notarize the same, and due to urgency in the matter, the petitioner is unable to produce the notarized and apostilled Power of Attorney, at the present stage.
5. Considering the aforesaid, the petitioner is exempted from filing the apostilled and notarized copy of the Power of Attorney, at this stage.
6. The apostilled version, thereof, be filed subsequently.
7. With the aforesaid directions, the present applications are disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 21:38:28 W.P.(C)-IPD 10/2024 & CM 21/2024 W.P.(C)-IPD 12/2024 & CM 39/2024
8. Learned counsel for the petitioner points out that despite opportunity, reply has not been filed by the respondents.
9. Learned counsel for respondent nos. 1 and 2 submits that in view of the technicalities involved, he would require at least eight weeks time to file reply.
10. At this stage, learned counsel for petitioner submits that since in the present case, the pre-grant opposition has been filed only on the date when the patent has been granted, it is imperative that details as to the signing and uploading of the patent, in favour of the petitioner, be brought forth by respondent nos. 1 and 2.
11. Accordingly, it is directed that respondent nos. 1 and 2 shall file their affidavit within a period of six weeks. In the affidavit, respondent nos. 1 and 2, shall disclose the timelines, as regards the signing of the order in favour of the petitioner, including, when the said order in favour of the petitioner was uploaded, and when the opposition to the patent application of the petitioner was uploaded/ filed, subsequently.
12. The Controller of Patents is directed to depute a person to file an affidavit in regard to the aforesaid.
13. Dr. Shilpa Arora, learned counsel appearing for respondent no.3, submits that reply on their behalf has already been filed. However, the same is not on record. She submits that an application for condonation of delay has also been filed in that regard.
14. Let steps be taken by respondent no.3 to have the application listed before this Court.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 21:38:29
15. Upon receipt of the affidavits by the respective respondents, the petitioner is at liberty to file rejoinder, within a period of two weeks, thereafter.
16. Learned counsel for respondent no.3 submits that she may also be granted liberty to file response to the affidavit of respondent nos. 1 and 2. Liberty is so granted.
17. Response shall be filed by respondent no.3 to the affidavit of respondent nos. 1 and 2, after receipt of the same.
18. List on 28th October, 2024.
MINI PUSHKARNA, J JULY 22, 2024 au This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2024 at 21:38:29