MYLAN LABORATORIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 14th March, 2019 passed by the Deputy Controller of Patents and Designs whereby the Controller dismissed the pre-grant opposition filed by the petitioner and granted the patent to respondent No.3 in respect of "Methods of Evaluating Peptide Mixtures".

(2.) The Patents Act provides a remedy of an appeal to the petitioner against the impugned order dated 14th March, 2019 and the petitioner availed the same by filing an appeal along with a stay application before Intellectual Property Appellate Board (IPAB) on 17th May, 2019. The petitioner has approached this Court for urgent hearing of the stay application as IPAB is not functioning because there is no Technical Member (Patents) since 04th May, 2016.

(3.) Vide order dated 21st May, 2019, this Court directed the Deputy Registrar of IPAB to file the status report with respect to the vacancy position of the Technical Members of IPAB. The relevant portion of the order dated 21st May, 2019 is reproduced hereunder:-