AMYLIN PHARMACEUTICALS, LLC AND ANR. vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24/11/2025 C.A.(COMM.IPD-PAT) 76/2022 AMYLIN PHARMACEUTICALS, LLC AND ANR. ....Appellants versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Advocates who appeared in this case For the Appellants : Mr. Saransh Vijay with Mr. Daksh Oberoi, Advocates. For the Respondent : Ms. Rukhmini Bobde, CGSC with Mr. Amlaan Kumar, Mr. Vinayak Aren and Mr. Jatin Dhamija, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. This is an Appeal under Section 117A of the Patents Act, 1970 (“Act”) arising out of order dated 10.07.2018 (“Impugned Order”), issued by Assistant Controller of Patents and Designs (“Respondent / Controller”) under Section 15 of the Act rejecting the grant of patent in the matter of the Patent Application No. 1498/DELNP/2011 titled as “SUSTAINED 2. The Appellants, Amylin Pharmaceuticals, LLC and Astrazeneca Pharmaceuticals LP are corporations of United States of America. The Appellants filed the national phase application with Claims 1 to 32 before the Patent Office, Delhi on 01.05.2011 based on the PCT Application No. PCT/US2009/056058 claiming priority from the US Paten