Suresh Kait JUDGMENT
Suresh Kait, J.
1. The present petition is preferred for quashing the impugned orders dated 12.05.2017 and 11.04.2017 passed by the respondent No. 2 and restore the order dated April 10, 2017. Consequently, enable the petitioner to cross-examine Dr. Surajit Sinha and Dr. Prachi Tiwari prior to a final hearing on merits in the Section 25(2), Patents Act proceeding initiated by the respondent No. 3 against Patent No. 255964.
2. Further seeks direction thereby directing the respondent No. 2 to pass an order on the petitioner's objections/reply dated 05.06.2015 to taking on record the additional testimony of Dr. Prachi Tiwari as filed by the Respondent No. 3 on 17.04.2015, prior to any final hearing on merits in the Section 25(2), Patents Act proceeding initiated by the Respondent No. 3 against Patent No. 255964.
3. The brief facts of this case are that the petitioner is a company incorporated under the laws of the United States, having its registered office now at One Amgen Center Drive, Thousand Oaks, California, 91320-1799, USA and engaged in the research, development and commercialization of novel therapeutics that target protein degradation pathways for cancer and autoimmune diseases. The respondent No. 2 is an officer under the Office of the Controller General of Patents, Designs and Trade Marks, DIPP, acting on behalf of said Controller General, with respect to granting patents in the Delhi branch of the Indian Patent Office. Respondent No. 3, is a non government company registered in India and has initiated a post-grant opposition under Section 25(2) of the Patents Act, to invalidate the granted Indian Patent No. 255964, issued to Proteolix Inc., which was subsequently acquired by the petitioner herein. As per the company master data available on the website of the Ministry of Corporate Affairs, the registered address of the respondent No. 3 is in Bhikaji Cama Place, New Delhi. Proteolix Inc. at 225 Gateway Boulevard, South San Francisco, CA 94080 (US), filed an international application under the Patent Cooperative Treaty, bearing No. PCT/US05/012740 dated 14.04.2005 and pursuant thereto, moved an application under Section 7(1A) of the Patents Act on 27 September 2006 bearing No. 5644/DELNP/2006, seeking a patent in India based on aforesaid international application. The said patent application was titled "Compounds for enzyme inhibition" and as the abstract indicates, the invention claimed therein are expected to display therapeutic utilities, including anti-inflammatory properties and inhibition of cell proliferation ("Patent Application"). Said Proteolix Inc. was subsequently acquired by the petitioner herein. The said Patent Application was duly examined under the Patents Act and the office of the Respondent No. 2 issued a first examination report ("FER") under Section 14 of the Patents Act on 13.10.2011, listing out several objections against the grant of a patent on the Patent Application. All said objections were replied to and addressed vide response dated 10.10.2012. The respondent No. 2, after having concluded that the Patent Application has complied with all requirements of the Patents Act, proceeded to grant a patent bearing no. 255964 ("Petitioner's Patent), on 09.04.2013, which grant was also published under Section 43 of the Patents Act, on 12.04.2017. Petitioner's Patent is annexed herewith as Annexure P-4 (colly).
4. It is further case of the petitioner is that on 07.04.2014, the petitioner received a copy of the post-g........