IP Case Digest · Patents

Tekelec, Inc. v. The Controller of Patents, (T)CMA(PT) 147/2023

Case number
(T)CMA(PT) 147/2023
Date of judgment
Outcome
Remanded

Headnote

The hearing notice gave the three cited documents a go-by and raised a new ground questioning structural novelty in the hardware. The order then ignored the amended claims, ignored the Controller's own hearing notice, and went back to the three documents he had given up, reviving them without notice and taking the applicant by surprise.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded for de novo consideration.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.