Adiuvo Diagnostics Private Limited v. Union of India
Case brief
What is this about?
Post-grant opposition - Opposition Board recommendation set aside - reconstitution of Opposition Board excluding previous members - consideration of affidavits and evidence on record (documents under Rule 57 to 60 of the Patents Rules, 2003) - Patent No.323440 / Patent Application No.201741010111 - consent remand with timelines (two weeks / four weeks / three months) - writ of Certiorarified Mandamus under Article 226 - Madras High Court IPD - W.P.(IPD) No.16 of 2025 & WMP (IPD) Nos.12 & 13 of 2025 - Adiuvo Diagnostics Private Limited v. Union of India, Assistant Controller of Patents and Designs and Moleculight Inc. - decided 24.04.2025 by Senthilkumar Ramamoorthy J.; merits of the opposition not adjudicated.
What did the court decide?
Impugned recommendations dated 04.03.2025 set aside and matter remanded; second respondent to reconstitute the Opposition Board (excluding all previous members) within two weeks; reconstituted Board to consider all evidence on record and provide recommendations within four weeks of constitution; second respondent to adjudicate the post-grant opposition and issue final orders within three months of receipt of the recommendations; disposed without any order as to costs; connected miscellaneous petitions (WMP (IPD) Nos.12 & 13 of 2025) closed.