As we noted in a previous post, this novel remedy of the IPAB is legally questionable. Much along the lines of the Novartis decision where it rejected a patent covering a highly priced drug on the ground that such a patent would violate public order, the IPAB appears keen on soaring high on flights of legal fancy. We’ll post again with details of the order.
The IPAB handed down a 10-15 page decision recently staying the operation of Ramkumar’s patent covering dual SIM phones. Readers may recall that a similar order had been passed by the IPAB earlier. However, Ramkumar challenged that order before the Madras High Court, claiming that this order had been passed without hearing him. The High Court subsequently vacated the ex parte order and asked that the IPAB hear Ramkumar. Thereupon, the IPAB proceeded to hear Ramkumar and stuck to its decision to stay the operation of the patent. However, this time, it appears to have done so, after listing out some reasons.