IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:31.07.2017 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU W.P.No.23662 of 2011 and M.P.No.1 of 2011 Air Master Equipments India P. Ltd., No.2, Bishop David Nagar, Vellore 632 001. Represented by its Director, W.Kabeer Ahamed .. Petitioner Vs.
1. Ramesh Nana Mahtre, 701/B, Centre Point, Panchpakhadi, Thane (W) 400 062.
2. Controller of Patents, The Patent office, Boudhik Sampada Bhawan S.M. Road, Near Antop Hill Post Office, Antop Hill, Mumbai – 400 037.
3. Intellectual Property Appellate Board, Annex I, Guna Complex, II Floor, 443 Anna Salai, Teynampet, Chennai – 600 018. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to grant of Patent under No.181821 from Application No.28/BOM/95 dated 18.01.1995, for an alleged invention titled “AN IMPROVED CENTRE CORE, INTERMEDIATE CORE AND AN OUTER FRAME FOR A DIFFUSER FOR USE IN CENTRAL AIR CONDITIONING SYSTEM AND AN IMPROVED DIFFUSER INCORPORATING THEM AND THE METHOD OF MANUFACTURING THE SAME”, granted to the 1st Respondent, by the 2nd Respondent, culminating in order dated 20.07.2011 passed in TRA/1/2008/PT/CHE by the 3rd Respondent and to quash the same and consequently direct the 2nd Respondent to revoke the patent No.181828 granted by the 2nd Respondent to the 1st Respondent.
For Petitioner : Mr.Sumitha Dibluee For R3 : Mr.Madhana Gopal Rao O R D E R [Order of the Court was made by M.VENUGOPAL, J.] The Learned Counsel for the Petitioner has made an endorsement in the Writ Petition which runs as under:
“The Patent has expired and the petition may be dismissed as infructuous.”
2.Recording the aforesaid fact and the endorsement so made, the Writ Petition is dismissed as an infructuous one. No costs. Consequently, connected Miscellaneous Petition is also dismissed.
Speaking Order Index :Yes / No Internet :Yes / No Sgl (M.V., J.) (P.D.A., J.) 31.07.2017 To
1. Ramesh Nana Mahtre, 701/B, Centre Point, Panchpakhadi, Thane (W) 400 062.
2. Controller of Patents, The Patent office, Boudhik Sampada Bhawan S.M. Road, Near Antop Hill Post Office, Antop Hill, Mumbai – 400 037.
3. Intellectual Property Appellate Board, Annex I, Guna Complex, II Floor, 443 Anna Salai, Teynampet, Chennai – 600 018.
M.VENUGOPAL, J.
and P.D.AUDIKESAVALU, J.
Sgl W.P.No.23662 of 2011 31.07.2017