PatentPartly Allowed 17 December 2019
Pharmacyclics LLC v. Union of India and Ors.
2019:DHC:7037
- Court
- Delhi High Court
- Bench
- Justice Prathiba M. Singh
- Outcome
- Partly Allowed
- Date of judgment
- 17/12/2019
Key issue
Whether additional evidence and arguments presented by an opponent during a patent opposition proceeding, beyond the initial opposition statement, should be taken on record by the court, and if the patent owner should be given an opportunity to rebut such submissions.
Summary
This case involves an application filed by a patent owner, Pharmacyclics LLC, seeking to prevent new facts, arguments, and evidence from being considered in a patent opposition proceeding. The patent owner argued that the opposing party, Respondent No. 3, introduced fresh arguments and molecules beyond its original opposition statement. The opponent contended that the new submissions merely illustrated existing arguments. The court ruled that the new submissions were not fresh evidence but granted the patent owner an opportunity to respond to them. The Patent Office was directed to decide the post-grant opposition swiftly after receiving the patent owner's response.
Result: Application allowed in part, granting the patent owner an opportunity to rebut the opponent's additional submissions before the Patent Office decides the post-grant opposition.
Tags
#patent opposition#fresh evidence#post-grant opposition
Judgment PDFOpen in new tab
TM