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SCA/1183120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11831 of 2008
============================================
NABROS
PHARMA PVT LTD - Petitioner(s)
Versus
INTELLECTUAL
PROPERTY APPELLATE BOARD & 2 - Respondent(s)
============================================
Appearance
:
MR YJ
TRIVEDI for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 3.
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/09/2008
ORAL
ORDER
Heard
Shri S.N.Soparkar, learned senior counsel with learned advocates
S/Shri Jatin Y.Trivedi, Harshit Tolia, Tejas Trivedi for Shri.
Y.J.Trivedi for the petitioner.
Shri
Soparkar, learned senior counsel appearing for the petitioner submits
that so far as the drug of the petitioner is concerned structurally,
visually and phonetically there is no similarity with the drug of the
opponent Company and even the order of the Civil Court is in his
favour and even some of the reasonings in the findings in para 11 of
the impugned order clearly indicates that both the medicinal
preparation are for different use.
Considering
the above, Rule.
Meanwhile,
interim relief of stay in the implementation, operation and execution
of the impugned order dated 19.3.2008 passed by respondent No.1 in
Application No. ORA/119/2006/TM/AMD.
Notice
as to interim relief returnable on 21st October, 2008.
Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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