Short Summary
Fresenius Kabi Oncology Ltd appealed the Assistant Controller's decision refusing its divisional patent application for 'PHARMACEUTICAL COMPOSITIONS OF PEMETREXED'. The refusal was based on the prior refusal of the mother application. However, since the mother application was subsequently granted, the High Court found the reason for refusal no longer tenable.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in Fresenius Kabi Oncology Ltd vs The Asst Controller Of Patents And Designs is valuable context for structuring arguments or assessing risk in similar proceedings.
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