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Documents citing Network Of People Living With Hiv/Aids vs Union Of India on 31 October, 2022

Haryana Pesticides Manufactures ... vs Assistant Controller Of Patents And ... on 8 January, 2024

16. Having been either negligent, lax, casual, inertial or tardy in taking such steps, particularly when they had already sought and exhausted the two adjournments and there was a lapse of two years since between 2020 and 2022, the petitioner cannot be entitled to extraordinary relief from this Court under Article 226 of the Constitution of India. Besides, it is not as if the petitioner is remediless, since it could have moved for a post-grant opposition ever since January, 2023 or even in September 2023 (when they claim that they found out about the rejection of their opposition and grant of patent). Although the petitioner claims that they became aware of since September, 2023, they could have easily filed a post-grant opposition in the time which was available to them as per the Act. The petitioner in this regard relies upon the decision of the Madras High Court in Indian Network for People Living with HIV/AIDS v. Union of India 2008 SCC OnLine Mad 892 and the Hon'ble Supreme Court's Signature Not Verified Digitally Signed By:MANISH KUMARW.P.(C)-IPD 45/2023 Signing Date:09.01.2024 14:13:47 decision in Mariamma Roy v. Indian Bank & Ors, (2009) 16 SCC 187, to advocate the appoint that if the principles of natural justice have been violated, and they were entitled to a remedy which would take them back to the pre-grant stage of patent.
Delhi High Court Cites 7 - Cited by 0 - Full Document

Boehringer Ingelheim Pharma Gmbh And Co ... vs The Controller Of Patents & Anr on 30 May, 2023

1. Ms. Rajeshwari, learned Counsel for the Respondent 2 relies on the judgment of a Division Bench of the High Court of Madras in Indian Network for People living with HIV/AIDS v. Union of India 1, in which the locus standi of patients to institute pre grant opposition to the grant of a pharmaceutical patent to an applicant has been upheld, inter alia, on the ground that grant of such patent would compromise affordability of the medicine at reasonable rates to those affected by disease.
Delhi High Court - Orders Cites 1 - Cited by 0 - C H Shankar - Full Document
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