Delhi High Court - Orders
Bayer Healthcare Llc vs Controller General Of Patents, Trade ... on 8 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-PAT) 179/2022
BAYER HEALTHCARE LLC ..... Appellant
Through: Mr. Ramesh Singh, Senior Advocate
with Ms. Arpita Sawhney, Mr. Arun
Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit, Mr. Priyansh
Sharma, Ms. Akshita Prasad and
Mr. Jitesh Prasad Gupta, Advocate.
versus
CONTROLLER GENERAL OF PATENTS, TRADE MARKS AND
DESIGNS AND ORS ..... Respondents
Through: Mr. G. Nataraj, Mr. Shashikant Yadav
and Mr. Shyam Nair, Advocates for
R-3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.02.2024 I.A. 3096/2024 (under Section 151 of the Code of Civil Procedure, 1908)
1. By way of this application, Applicant seeks permission of this Court to place on record declarations/technical affidavits of Dr. Roland Boese dated 25th April, 2016 and 10th May, 2016.
2. Issue notice. Mr. G. Nataraj, counsel for Respondent No. 3 (Natco Pharma Limited) accepts notice. Mr. Nataraj strongly opposes the application. He states that although this document has surfaced after the passing of the impugned order dated 24th February, 2015, however, there is no explanation whatsoever forthcoming in the application for the gross delay 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 10/02/2024 at 00:29:48 of six years in filing the instant application. Additionally, it is argued that the Petitioner has not given full disclosure as to what transpired in the proceedings before the European Patent Office. Mr. Nataraj states that in the said proceedings, the patent was revoked on 3rd April, 2020 as per the status report obtained from the website of the European Patent Office.
3. To effectively adjudicate the subject matter of the suit, the documents are permitted to be taken on record, subject to just exceptions. However, in response Respondent No. 3 is also permitted to place on record additional documents with respect to the proceedings before the European Patent Office within a period of two weeks from today.
4. Further, in light of the fact that there is admittedly a delay on the part of the Applicant who has presented documents pertaining to the year 2016, in the opinion of the Court, imposition of costs is appropriate and accordingly it is directed that the above directions are subject to payment of cost of INR 15,000/- to be deposited with the Delhi State Legal Services Authority.
5. With the above directions, the application is disposed of.
SANJEEV NARULA, J FEBRUARY 8, 2024 nk 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 10/02/2024 at 00:29:48