Allowed

Fibrocell Technologies Inc. v. Controller of Patents

Delhi HC12 Feb 2024C.A.(COMM.IPD-PAT)/112/2022

Case brief

AI extract

What is this about?

The Court allowed the appeal and restored the patent application to its original number. It set aside the impugned order and directed the Assistant Controller of Patents to re-examine the application with a fresh hearing notice.

What did the court decide?

The impugned order dated 19th February, 2019 is set aside, the patent application is restored to its original number, and a fresh hearing notice specifying grounds of objections is directed.

Fibrocell Technologies Inc. Vs Controller of Patents — Company and Corporate | Delhi HC (2024)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.A.(COMM.IPD-PAT) 112/2022

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FIBROCELL TECHNOLOGIES INC.

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..... Appellant

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Through: Mr. Debashish Banerjee, Mr. Ankush Verma, Ms. Vaishali Joshi and Mr. Pankaj Soni, Advocates.

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versus

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CONTROLLER OF PATENTS ..... Respondent Through: Mr. Arjun Mahajan, SPC with Mr. Apoorv Upmanyu, Advocate.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 12.02.2024

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In terms of order dated 24^th January, 2024, Mr. Arjun Mahajan, Senior Panel Counsel for the Respondent, states on instructions that Respondent, without prejudice to their rights and contentions, would be willing to reexamine the contentions of the Appellant.

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In light of the above, the following directions are issued:

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(i) Impugned order dated 19^th February, 2019 is set aside.

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(ii) The Patent application is restored to its original number.

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(iii) The Assistant Controller of Patents is directed to issue a fresh notice of hearing specifying all grounds of objections therein.

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(iv) Thereafter an opportunity of hearing shall be afforded to Appellant and a decision thereon shall be rendered within a period of four months from date of conclusion of hearing.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:23:13

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(v). Needless to say, that the Patent office shall take into consideration all the relevant case laws on the issue which is germane to deciding the Appellant’s application.

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(vi). The Assistant Controller of Patent shall not be influenced or take into consideration any of the observations which were made in the impugned order.

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Accordingly, the present appeal is allowed and disposed of.

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All rights and contentions of both the parties are left open.

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SANJEEV NARULA, J

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FEBRUARY 12, 2024

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:23:13

Fibrocell Technologies Inc. v. Controller of Patents

Case brief

What is this about?

What did the court decide?

Fibrocell Technologies Inc. v. Controller of Patents

Case brief

What is this about?

What did the court decide?

What the court decided

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