The petitioner sought a writ of mandamus directing the Controller of Patents to grant a patent for a method for evaluation of a gemstone. Upon hearing, the petitioner's counsel stated that the Patent Certificate had already been issued following a prior court judgment. Consequently, the court found nothing left for adjudication.
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WP(IPD) No.19 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024
CORAM:
THE HON`BLE MR.JUSTICE P.B.BALAJI
WP (IPD) No.19 of 2024
Galatea Limited,
4 Haharash Street, Hod Hasharon, Israel – 1381000.
Represented by its Authorised Representative, Mr.Manoj Kumar.
.. Petitioner
..Vs.
WP(IPD) No.19 of 2024
7.Ms.Maitreyee Saha.
9.Mr.Mehulkumar Khodabhai Dungrani.
10.Mr.Valmik Mundkar.
.. Respondents
Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent No.1 to grant the patent bearing Application No.876/CHENP/2008, titled 'A method for evaluation of a gemstone ' in view of the amended set of claims submitted by the Petitioner on 18.04.2024, in compliance of the Judgment dated 15.04.2024 passed by this Court in Galatea Limited v. Controller of Patents and Ors. (T) CMA (PT) No.19 of 2023; in a time bound manner.
For Petitioner : Mr.Sandeep Grover For Respondent : Mr.A.R.Sakthivel, Senior Panel Central Government Standing Counsel for R1
O R D E R
The petitioner seeks issuance of Writ of Mandamus directing the first respondent to grant the patent bearing Application No.876/CHENP/2008, titled 'A method for evaluation of a gemstone ' in view of the amended set of
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claims submitted by the Petitioner on 18.04.2024.
10.07.2024
Index : Yes/No Speaking/Non-speaking order rkp To
The Controller of Patents, Patent Office, Intellectual Property Building, G.S.T. Road, Guindy, Chennai – 600 032.
P.B.BALAJI, J.
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1 issue framed by the court
Whether the issuance of the Patent Certificate by the first respondent renders the writ petition infructuous?
1 provisions across 1 enactments
Galatea Limited
The Controller of Patents
Mr.Patel Viral Harshadbhai
Mr.Tapan Shah
Mr.Goyani Atulkumar Bharatbhai
Mr.Rajeshbhai Jivrajbhai Akoliya
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
