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2025 DAILYLAW 49017 (DEL)

ABBVIE INC. v. CONTROLLER GENERAL OF PATENTS, DESIGNS, TRADEMARKS AND GEOGRAPHICAL INDICATIONS & ORS.

W.C.(C)-IPD/65/2025 · 2025-12-23

Manmeet Pritam Singh Arora

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 $~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)-IPD 65/2025 & CM 295/2025 ABBVIE INC. .....Petitioner Through: Mr. Pravin Anand, Ms. Archana Shanker, Mr. Shrawan Chopra, Mr. Achyut Tewari, Ms. Krisha Baweja and Mr. Parth Malhotra, Advs. versus CONTROLLER GENERAL OF PATENTS, DESIGNS, TRADEMARKS AND GEOGRAPHICAL INDICATIONS & ORS. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Om Ram and Mr. Arnav Mittal, Advs. for R-1 and R-2 Mr. Rishi Vohra, Adv. for R-6 Mr. Dominic Alvares, Mr. Samik Mukherjee and Ms. Amrita Majumdar, Advs. for R-7 Mr. G. Nataraj, Mr. Rahul Bhujbal, Ms. Shreem Choubey and Mr. Jegadheesh Rabia Chandran, Advs. for R-8 and 9 CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 23.12.2025 1. This writ petition has been filed under Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus to Respondent nos. 1 and 2 to expeditiously decide and dispose Indian Patent application no. 4759/DELNP/2012 (IN’ 759). This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2025 at 14:55:45 p. 2 2. Learned counsel for the Petitioner states that Petitioner is aggrieved by the inordinate delay in the disposal of the said application due to serial pre-grant oppositions, which have consumed 15 years of the term of the patent. It is stated that the application was filed on 29.05.2012 and has remained pending till date due to the oppositions. 3. He has handed over a short note of the status of the oppositions filed by Respondent nos. 3 to 9. 4. He relies upon the order passed by the Coordinate Bench in W.P.(C) IPD 58/2025 titled Sh. Gurmit Singh Vs. The Commissioner MCD of Delhi and ors. for seeking directions of expeditious disposal and does not press for any other reliefs. 5. Issue notice. 6. Mr. Rishi Vohra, learned counsel enters appearance on behalf of Respondent No. 6 and states that Respondent No. 6 has duly received the hearing notice for 21.01.2026 and the Respondent No. 6 will remain duly present on the said date of hearing. 7. Learned counsel for Respondent no. 7 states that a hearing was held on 06.05.2025 and written submissions were also filed by the said Respondent and the orders have been reserved. 8. Learned counsel appearing on behalf of the Respondent No. 8 states that the hearing notice for 21.01.2026 has been received and Respondent No. 8 will remain duly present on the said date. He also appears for Respondent No. 9 and submits that the hearing notice has been received for 22.01.2026 and Respondent No. 9 will remain duly present. 9. Learned counsel appearing on behalf of Respondent nos. 1 and 2 states that in addition to Respondent no. 7, order(s) have already been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2025 at 14:55:45 p. 3 reserved on the oppositions filed by Respondent nos. 3, 4 and 5. She states that hearing for Respondent nos. 6, 8 and 9 will be heard on the hearing dates scheduled, as mentioned above, and the Respondent No. 1/Controller General of Patents reasonably expects to pass the final order by end of April, 2026. 10. This Court has heard the learned counsel for the parties. The hearing on the opposition of Respondent nos. 3, 4 and 6 was held in May, 2025 and orders were reserved. So also, hearing on the opposition Respondent no. 5 was held in September, 2025 and orders were reserved, eventually. 11. The hearing in the remaining oppositions filed by Respondent no. 6, 8 and 9 are scheduled on 21st and 22nd January, 2026 respectively. The said Respondents and Petitioner have undertaken to remain present at the said hearing and they are bound down to the same. 12. In this overall conspectus, considering the fact that the Patent application was filed in 2012 and has remained pending for over 15 years, now, this Court finds merit in the limited relief of time bound disposal sought by the Petitioner, accordingly, the Ld. Controller/Respondent No. 1 is directed to conclude the hearings on the dates scheduled and pass the consolidated order on or before 30.04.2026 with respect to all the pre-grant oppositions in respect of the Indian Patent Application no. 4759/DELNP/2012 . 13. With the aforesaid directions, the present petition along with applications, if any, is disposed of. MANMEET PRITAM SINGH ARORA, J DECEMBER 23, 2025/msh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2025 at 14:55:45