Vide an order dated 12th June 2020, the Hon’ble Intellectual Property Appellate (IPAB) has stayed the order of the Deputy Controller revoking Indian Patent IN262968 covering the product Ibrutinib.

The Hon’ble Board held that as per material available on record, the appellant has made a strong prima facie case in its favour. The balance of convenience is also in favour of the appellant and if interim order is not passed, the appellant will suffer irreparable loss and injury. The main arguments of the appellant considered by the Board are as follows:

• In case interim orders are not passed, appellants suit for infringement of Patent being CS(COMM) 709/2019 may be dismissed on.

• The controller while deciding the opposition disregarded the order of the Hon’ble High Court wherein it was directed to ensure that the members of Opposition Board be present so that new documents and evidences are discussed in the presence of the Opposition Board. The said documents/ additional evidences were not sent mainly on the reasons as given in the impugned order that it will cause further delay of six months and there is no procedure.

• All other issues including novelty have been decided in favour of the Appellant except the issue of obviousness which is a mix question of law and fact as per settled law.