THE REGENTS OF THE UNIVERSITY OF CALIFORNIA vs 1) Fresenius Kabi Oncology Limited 2) BDR Pharmaceutical International Pvt. Ltd. 3) Umesh Shah 4) Sheela Pawar 5) Indian Pharmaceuticals Alliance (IPA)

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The patentee filed an appeal before Hon’ble IPAB. The Hon’ble IPAB allowed the appeal, setting aside the order passed by the learned Deputy Controller.
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The Controller general issued a notice stating that a prima facie case had not been made out for making an order u/s 84 of the Patents Act,1970
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Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in the favour of the Opponents Cipla Cipla Ltd (Representative for The Opponents – Dr. Gopakumar G. Nair.
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Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in the favour of the Opponents Cipla Cipla Ltd (Representative for The Opponents – Dr. Gopakumar G. Nair.
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Decision of Pre-grant opposition by Way of Representation by the Chennai Patent Office was held in favour of The Opponents, Mrs. Salini Ben, Sun Pharmaceuticle, Time Cap Pharma and Okasa Pvt Ltd.
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Decision of Pre-grant opposition by Way of Representation by the Delhi Patent Office was held in favour of The Opponents, Cipla Ltd (Representative for The Opponents – Dr. Gopakumar G. Nair).
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Decision of Pre-grant opposition by Way of Representation by the Delhi Patent Office was held in favour of The Opponents, Meditab Specialities Pvt Ltd.
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This Judgment brings India at par with the International Patent Jurisprudence. The Chennai High Court held that TRIPs compliance is for the Dispute Settlement Body (DSB) in TRIPs council.
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Decision of Pre-grant opposition by Way of Representation in the matter of 1062/MAS/1998 (Gleevec) by the Chennai Patent Office was held in the favour of the Opponents Cipla Ltd.
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