Patents appeal transferred from IPAB; appellants failed to appear repeatedly despite service to counsel and trademark agent, and did not remove Registry objections. The appeal was dismissed in default for non-prosecution.
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ALKERMER INC AND ANR .....Appellants Through: None. versus
THE CONTROLLER OF PATENTS AND DESIGNS AND ANR
.....Respondents Through: Mr. Piyush Beriwal, Ms. Ojasvi, Advocates for R-1 (M:9910396352)
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
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O R D E R 01.10.2024
“The service reports of the appellants are once again awaited. As noted in the order dated 03.05.2024, their counsel was already served on 02.11.2023, via email. The office noting for the hearing dated 03.05.2024 shows that the registered Trademark-agent of the appellants was also served, via email on 19.03.2024 . In these given
This is a digitally signed order. 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 02/07/2025 at 02:42:37
circumstances, the appellants are deemed to be served with the court notices. However despite these services, none has appeared for the appellants despite repeated opportunities.
The respondents are already participating in the proceedings.
In the given circumstances, list the matter before the Hon'ble Court on 01.10.2024. ”
(Emphasis Supplied)
MINI PUSHKARNA, J
OCTOBER 1, 2024
au
This is a digitally signed order.
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 02/07/2025 at 02:42:37
1 issue framed by the court
Should the patent appeal be dismissed for non-prosecution after repeated non-appearance by the appellants despite service?
Alkermer Inc and Anr
The Controller of Patents and Designs
Anr
Mini Pushkarna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
