ZERIA PHARMACEUTICAL CO LTD vs THE CONTROLLER OF PATENTS

Judgment text excerpt

$~96 * IN THE HIGH COURT OF DELHI AT NEW 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. 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 Signature Not Verified Page 1 of 2 Signed By:PREETI Signing Date:27.09.2025 14:54:34 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/rjd LPA 442/2025 Signature Not Verified Page 2 of 2 Signed By:PREETI Signing Date:27.09.2025 14:54:34