CIPLA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted

(2.) Sugen Inc. USA and Pharmacia and Upjohn Company USA filed an application on 9.8.2002 for the grant of patent. The application was recommended for grant of patent on 23.8.2007 and was finally allotted the patent No.209251, which was published in the Patent Office Journal under Section 43(2) of the Patents Act, 1970 (for short the Act). Cipla Ltd. filed an application under section 25(2) of the Act on 1.9.2008 for revocation of the said patent, before the Assistant Controller of Patent and Design (in short, the Controller), who vide his order dated 24th September, 2012 revoked the patent which gave rise to this litigation.

(3.) Heard Mr. Harish Salve, learned senior counsel appearing for the appellant and Mr. T.R. Andhyarujina, learned senior counsel appearing for Respondent Nos. 2 and 3 at length. Detailed arguments were addressed with regard to the correctness or otherwise of the order passed by the Controller as well as the High Court and the consequences thereof.