NOVARTIS AG Vs. UNION OF INDIA

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 11346/2019 & CM APPL. 46769/2019

(2.) The present petition has been filed by the Petitioner as its Appeal against the order of the Patent office dated 16th August 2019, by which the patent granted to it in respect of the drug 'Ceritinib' was challenged before the Intellectual Property Appellate Board (hereinafter, "IPAB") is not being heard as the said Tribunal is not functional.

(3.) The petition under Article 227 has thus been filed under extraordinary circumstances as the functioning of the IPAB has come to a complete standstill, owing to the fact that the Chairman has demitted office and only one technical member is available.