Executive Summary
Onyx Therapeutics Inc. challenged the Deputy Controller of Patents' orders that restricted its right to cross-examine expert witnesses during a post-grant opposition filed by Fresenius Kabi Oncology Ltd. The core dispute centered on whether the patentee, having filed objections under Rule 58, was entitled to challenge the veracity of the opponent's experts through cross-examination. The Delhi High Court ultimately ruled in favor of Onyx, quashing the restrictive orders and allowing the cross-examination without imposing any condition regarding the filing of evidence by the patentee.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Onyx Therapeutics Inc. vs Union Of India & Ors is valuable context for structuring arguments or assessing risk in similar proceedings.
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