Disposed¶17

Calcimedica Inc. v. Joint Controller of Patents and Design

Delhi HC6 May 2025C.A.(COMM.IPD-PAT)/50/2023

Case brief

AI extract

What is this about?

Calcimedica Inc v Joint Controller of Patents and Design; C.A.(COMM.IPD-PAT) 50/2023; Delhi High Court; Justice Saurabh Banerjee; Patent Application 201717034348; fresh/de novo hearing; disposal within six months; listing within two weeks; no unnecessary adjournments; IPO Chennai Assistant Controller; patent appeal disposed with directions; CGSC Premtosh Mishra.

What did the court decide?

Appeal disposed of with consent-based directions: the Joint Controller of Patents, Designs and Trademarks to list Patent Application no. 201717034348 for a fresh/de novo hearing within two weeks, to endeavour disposal within six months thereafter, with no unnecessary adjournments to be sought by or granted to the appellant's counsel; appellant's counsel to approach the Controller within one week. ¶17

Calcimedica Inc. Vs Joint Controller of Patents and Design — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the appellant should be granted a fresh/de novo hearing for due and proper adjudication of Patent Application no. 201717034348, and on what timelines and conditions.

¶11

Court's answer

In the peculiar facts and circumstances involved, it was felt appropriate to grant the appellant a fresh/de novo hearing for due and proper adjudication of patent application no. 201717034348, to which learned counsel for the petitioner/appellant had no objection.

¶11

Ratio / Principle

The Joint Controller of Patents, Designs and Trademarks shall ensure the listing of Patent Application no. 201717034348 for a fresh/de novo hearing within two weeks, and shall make all possible endeavours for its disposal within six months thereafter, after hearing learned counsel for the appellant.

¶14

Key takeaways

During that period, no unnecessary adjournment(s) shall be sought by learned counsel for the appellant or granted by the learned Joint Controller.ratio¶14

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), C.A.(COMM.IPD-PAT) 50/2023, Calcimedica Inc. v. Joint Controller of Patents and Design (order dated 06.05.2025): on the joint submission of the Controller's side and with no objection from the appellant, the appeal was disposed of by directing the Joint Controller of Patents, Designs and Trademarks to list Patent Application no. 201717034348 for a fresh/de novo hearing within two weeks and to make all possible endeavours for disposal within six months thereafter, after hearing the appellant's counsel, with no unnecessary adjournments to be sought by or granted to the appellant's counsel; the appellant was to approach the Controller within one week.

¶1

$~38

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- C.A.(COMM.IPD-PAT) 50/2023

¶4

CALCIMEDICA INC .....Appellant

¶5

Through: Mr. Nishant Raj, Mr. Manish A Singh, Mr. Abhai Pandey, Mr. Varun Sharma, Mr. Manish Aryan, Mr. Gautam Kumar, Ms. Swati Mittal, Ms. Shivani Singh and Mr. Dhruv Tandan, Advs.

¶6

versus

¶7

JOINT CONTROLLER OF PATENTS AND DESIGN

¶8

.....Respondent Through: Mr. Premtosh K. Mishra, CGSC with Mr. Manish Vashist and Ms. Sajal Bhardwaj, Advocates with Mr. Veera Raghavuli Kattula, Assistant Controller, IPO, Chennai

¶9

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

¶10

O R D E R % 06.05.2025

¶11

Mr. Premtosh Mishra, CGSC appearing physically alongwith the Assistant Controller appearing through video conferencing submit that in the peculiar facts and circumstances involved it is felt appropriate to grant the appellant a fresh/ de novo hearing for due and proper adjudication of the patent application no.201717034348.

¶12

Learned counsel for the petitioner has no objection to the abovesaid. 3. In view of the aforesaid, the Joint Controller of Patents, Designs and Trademarks shall ensure the listing of the Patent Application

¶13

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 01/07/2025 at 00:37:33

¶14

no.201717034348 for a fresh/ de novo hearing within two weeks from today, as also make all possible endeavours for the disposal of the same within a period of six months thereafter, after hearing the learned counsel for the appellant, during which period no unnecessary adjournment(s) shall either be sought by the learned counsel for the appellant and/ or be granted by the learned Joint Controller.

¶15

Learned counsel for the appellant submits that he has no objection to the same.

¶16

Learned counsel for the appellant submits that he shall approach the Controller within a period of one week.

¶17

Accordingly, the present appeal is disposed of in the aforesaid terms.

¶18

SAURABH BANERJEE, J

¶19

MAY 6, 2025/So

¶20

This is a digitally signed order.

¶21

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 01/07/2025 at 00:37:33

Calcimedica Inc. v. Joint Controller of Patents and Design

Case brief

What is this about?

What did the court decide?

Calcimedica Inc. v. Joint Controller of Patents and Design

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Mittal Electronics Vs Mr. Rohit Rana

Nirmal Seeds Private Limited Vs M/S Nirmal Seeds Corporation

Doordarshan Directorate & Anr. Vs M/S Voice ,Vision

Vidya Bhushan Jain Vs Mohammed Younus Sheikh and Anr.

Winzo Games Private Limited Vs Fabzen Technologies Private Limited & Ors.

Manash Lifestyle Private Limited Vs Gasch Pharmaceuticals Private Limited & Anr.