IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 8062/2011 and C.M.Nos. 18168-69/11
BAYER CORPORATION ..... Petitioner
Through: Mr. S. C. Agarwal, Senior Advocate with Mr. Sanjay Kumar and
Ms. Arpita Sawhney, Advocates.
UOI AND ORS ..... Respondent
Through: Mr. Sumeet Pushkarna, Advocate for respondent no.1.
Mr. Sandeep Sethi, Senior Advocate with Mr. Rajeshwari Hariharan and Mr.
Anshul Mittal, Advocates for respondent no.2.
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
The petitioner impugns the order dated 11.08.2011 passed by the
Controller of Patents, Patent Office, Mumbai in C.L.A. No.1 of 2011. It
has been pointed out to learned senior counsel for the petitioner that
the impugned order merely records a prima facie view that a case under
Section 84(1) of the Patents Act has been established. The petitioner is
still entitled to contest the said proceedings before the Controller of
Learned senior counsel for the petitioner submits that before
arriving at the said prima facie view, the Controller of Customs has not
conducted any enquiry and not recorded ay evidence. It shall be open to
the petitioner to raise all such pleas before the Controller of Patents
in answer to the notice. In view of the aforesaid, the petitioner wishes
to withdraw this petition. The petition is accordingly dismissed as
VIPIN SANGHI, J
NOVEMBER 16, 2011