SUN PHARMACEUTICAL INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C)-IPD 14/2022 has been filed seeking directions to Respondents No.2 and 3 to fix Petitioner's post-grant opposition, filed against Respondent No.4/Novo Nordisk A/S (patentee), with respect to patent No. IN 257402, for hearing under Rule 62(1) of the Patent Rules, 2003 (hereinafter referred to as "Rules") and adjudicate the same at the earliest, in accordance with law.

(2.) Patentee had filed a patent application bearing No. 2771/DELNP/2006, which was granted on 4/10/2013 and the Petitioner, through its predecessor-in-interest, filed a post-grant opposition on 29/9/2014, under Sec. 25(2) of the Patents Act (hereinafter referred to as "Act") against the impugned patent. On 27/8/2019, Recommendation of the Opposition Board was communicated to the parties and a hearing was scheduled under Rule 62(1) of the Rules. However, the proceedings did not progress for one reason or the other, constraining the Petitioner to file a writ petition before this Court being W.P.(C)-IPD 19/2021, wherein vide order dtd. 1/9/2021, the Court directed the Competent Authority to furnish a fresh Board Recommendation, in light of the withdrawal of experts" affidavit by the Petitioner, within a week and directed the hearing to be scheduled on 18/10/2021.

(3.) It is the case of the Petitioner that as a counter blast to the said writ petition and to delay the opposition, the patentee filed a writ petition being W.P.(C)-IPD 22/2021 seeking cross examination of witnesses of Respondent No.5/USV Private Limited, in a separate opposition proceeding, against the same patent. A separate order was passed in the said writ petition on 1/9/2021, granting the patentee an opportunity to cross examine the witnesses in USV Opposition.