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2025 DAILYLAW 2040 (BOM)

AIC246 AG AND CO KG v. THE PATENT OFFICE OF INDIA THROUGH CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADE MARKS

COMMP/72/2025 · 2026-02-27

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1/2 P4-COMMP-72-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL MISCELLANEOUS PETITION NO. 72 OF 2025 AIC 246 AG & CO. KG ...Petitioner Versus The Patent Office of India & Ors. ...Respondents _______ Mr. Dhiren Karamia i/b. Khaitan & Co., for the Petitioner. Mr. Rishi Mody a/w. Ms. Archi Gala, for Respondent No.3. _______ CORAM : ARIF S. DOCTOR, J. DATE : 9 th MARCH, 2026 P.C. 1. Mentioned. Not on board. Taken on board for Speaking to the Minutes of the Judgment dated 27 th February 2026. 2. Mr. Mody, learned counsel for Respondent No. 3 points out that, the heading on page no. 14 which reads “Respondent’s Submissions” be corrected as “Submissions by Respondent Nos. 1 and 2”. 3. He also submits that in paragraph no. 28D, the sentence “The stand taken by Respondents..” be corrected as “The stand taken by Respondent Nos. 1 and 2..” 4. Mr. Karamia, learned counsel for the Petitioner points out that in paragraph no. 1 the title of the invention is incorrectly mentioned as 'Combinations Comprising a Triazole Fungicide and a Biological Control Agent' instead of 'Amorphous Letermovir and Solid Pharmaceutical Formulations thereof for Oral Administration'; Vaibhav 2/2 P4-COMMP-72-2025.DOC 5. He also points out that the decision of Abraxis Bioscience LLC v. Union of India referred to in paragraph 15 is a decision of Intellectual Property Appellate Board (IPAB) and not of Delhi High Court. 6. The Judgment be corrected accordingly. [ARIF S. DOCTOR, J.] Vaibhav