LAWS(DLH)-2023-8-66

REDDYS LABORATORIES LIMITED Vs. CONTROLLER OF PATENTS

Decided On August 03, 2023
Reddys Laboratories Limited Appellant
V/S
CONTROLLER OF PATENTS Respondents

JUDGEMENT

(1.) This judgment adjudicates IA 5896/2023, preferred by Respondent 2 Boehringer Ingelheim International GmbH ("Boehringer', hereinafter) under Sec. 101 of the Code of Civil Procedure, 1908 (CPC), seeking stay of proceedings in the present revocation petition CO (Comm. IPD-PAT) 3/2021, preferred by the petitioners under clauses (a), (d), (e), (f), (h), (i), (k) and (m) of Sec. 642 of the Patents Act 1970.

(2.) Three distinct issues arise for consideration in the present petition. They may be delineated thus:

(3.) It would be advantageous to, in the first instance, address the second question, which is whether COMS 5/2021 was instituted prior in point of time to the present revocation petition CO (Comm. IPD-PAT) 3/2021. For this purpose, it is necessary to note certain relevant dates, regarding the institution and prosecution of the present revocation petition as well as the institution and prosecution of COMS 5/2021.