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PatentPartly Allowed December 17, 2019

Pharmacyclics LLC v. Union of India and Ors.

2019:DHC:7037

Court
Delhi High Court
Bench
Justice Prathiba M. Singh
Outcome
Partly Allowed
Date of judgment
12/17/2019

Key issue

Whether additional evidence and arguments presented by an opponent during a patent opposition proceeding, beyond the initial opposition statement, should be taken on record by the court, and if the patent owner should be given an opportunity to rebut such submissions.

Summary

This case involves an application filed by a patent owner, Pharmacyclics LLC, seeking to prevent new facts, arguments, and evidence from being considered in a patent opposition proceeding. The patent owner argued that the opposing party, Respondent No. 3, introduced fresh arguments and molecules beyond its original opposition statement. The opponent contended that the new submissions merely illustrated existing arguments. The court ruled that the new submissions were not fresh evidence but granted the patent owner an opportunity to respond to them. The Patent Office was directed to decide the post-grant opposition swiftly after receiving the patent owner's response. Result: Application allowed in part, granting the patent owner an opportunity to rebut the opponent's additional submissions before the Patent Office decides the post-grant opposition.

Tags

#patent opposition#fresh evidence#post-grant opposition
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