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

Judgment text excerpt

* 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 Signature Not Verified C.A.(COMM.IPD-PAT) 76/2022 Page 1 of 37 Signed By:SWATI MAYEE SAHU Signing Date:24.11.2025 20:21:14 RELEASE FORMULATIONS USING NON-AQUEOUS CARRIERS” (“Subject Application”). FACTUAL MATRIX 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 Patent Application No. 61/094,381 dated 04.09.2008. 3. Upon receipt of the First Examination Report dated 29.03.2017 (“FER”), the Appellants filed a detailed response to the same on 27.09.2017 along with amended set of claims. Subsequent to the filing of the response to the FER, the Appellants received a hearing notice dated 16.10.2017. The Counsels for the Appellants attended the hearing