UNIVERSITY HEALTH NETWORK Vs. ADIUVO DIAGNOSTICS PVT. LTD

JUDGEMENT

(1.) This Writ Appeal is directed against an Interim Order of the learned Single Judge in W.M.P.(IPD) No.7 of 2023 in W.P.(IPD) No.23 of 2023, dtd. 27/9/2023. By the said Order, while extending the Interim Order and posting the Miscellaneous Applications for stay and vacating the stay for further hearing on 17/10/2023, the learned Single Judge rejected the Preliminary Objection as to place of suing. In this Judgment, the parties are described as per their array in the Writ Petition.

(2.) The Writ Petitioner is a Company based in Chennai and claims to be into creating platform technologies in the field of Opto-Electronics, with an objective of providing efficient assistance in early disease detection that is ustomized for low resource settings. It has Patent in respect of its technology in Patent IN323440.

(3.) The Fourth Respondent filed an Application in Indian Patent Application No.9067/DELNP/2010 claiming Patent in respect of a device and method for fluorescence based imaging and monitoring at the Patent Office at Delhi. Stating that the grant of Patent in the subject Application prejudices the rights of the Petitioner and also many other Small and Medium enterprises and start ups working in the field of fluorescence based bio-imaging to provide handy and cost-effective imaging solutions to monitor wounds and injuries for better diagnostics, the Writ Petitioner filed a pre-grant opposition on 3/1/2021, pleading lack of novelty, lack of inventive step, non-patentable subject matter and insufficient disclosure. The Application is also filed at the Office of the Controller of Patents, New Delhi.