Zeria Pharmaceutical Co Ltd v. The Controller of Patents

Delhi High Court · 23 Sep 2025 · 2025:DHC:8545-DB
C. Hari Shankar; Om Prakash Shukla
LPA 442/2025
2025:DHC:8545-DB
intellectual_property appeal_dismissed

AI Summary

The Delhi High Court dismissed the patent appeal as infructuous due to the patent's expiration during the appeal, leaving substantive legal questions undecided.

Full Text
Translation output
LPA 442/2025
HIGH COURT OF DELHI
LPA 442/2025
ZERIA PHARMACEUTICAL CO LTD .....Appellant
Through: Mr. Peeyoosh Kalra, Mr. Debashish Banerjee, Ms. Vaishali Joshi &
Mr. Ankush Verma, Advs.
VERSUS
THE CONTROLLER OF PATENTS .....Respondent
Through: Ms. Pratima N Lakra, CGSC
WITH
Mr. Shailendra Kumar Mishra, Mr. Chandan Prajapati, Ms. Kanchan Shakya, Mr. Shivansh Bansal, Mr. Priyam Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA O R D E R (ORAL)
23.09.2025 C.HARI SHANKAR, J.
JUDGMENT

1. As the patent of the appellant has expired during the pendency of the appeal, the appellant submits that the cause of action in this appeal does not survive for further consideration.

2. Accordingly, this appeal is disposed of as having become infructuous. LPA 442/2025

3. However, this shall not be treated as an affirmation of the views expressed by the learned Single Judge in the judgment under challenge. The question of law referred in this appeal is left open.

C.HARI SHANKAR, J. OM PRAKASH SHUKLA, J. SEPTEMBER 23, 2025