The Regents of University of California, has filed a writ against the order of the Controller refusing the grant of an application filed by them in India, covering the drug product Enzalutamide (Xtandi). On 2nd March 2017 the matter was listed before Hon’ble Mr Justice Sanjeev Sachdeva of the Delhi High Court (DHC) and Mr Chidambaram made the following arguments on behalf of the Petitioner:-
- That the present Writ Petition has been filed against the common order dated 8th November 2016 allowing the five pre-grant oppositions, rejecting the Petitioner’s Patent and the said order has been passed in gross violation of the principles of Natural Justice;
- That the Patent Application which is the subject matter of the Writ Petition has been granted Patent in around 50 countries;
- Further, the marketing approval has been granted in around 75 countries;
- That the patent applicant had filed evidence affidavits of three witnesses including the two inventors. However, the impugned order grossly erred in not considering or even referring to the evidence filed by the patent applicant.
In view of the above, the Hon’ble Judge has issued notice in the Writ Petition, returnable on 2nd May 2017.
Business Standard and http://www.india.com reported as to what transpired in Court on 2nd March 201, and the same can be accessed here:
Stay tuned for more updates!