Writ Petition is filed in High Court of Karnataka, requesting orders for the defendant Legal and Treaties Division, to issue the Consent Letter.
Progression of the Writ Petition file at the Honorable High Court of Karnataka.
- 29-10-2022 I file the Writ Petition at the High Court of Karnataka Counter, which was given FR No. 20877/22 (WP). I pay the applicable court fees Rs. 100. Served summons by hand delivering two copies of the Writ Petition at the ‘Office of additional solicitor general of INDIA’, at the High Court premises.
- 3-11-2022 The case was registered with case no. W.P. 21782/2022 (GM/RES). File sent to Scrutiny branch.
- 7-11-2022 The file was presented to ‘Registrar judicial’ who give office objection compliance list to Scrutiny branch.
- 14-11-2022 I comply with office objections and present the file to ‘Scrutiny branch’.
- 23-11-2022 There is discussion with ‘Scrutiny branch’ about not to strike out options in Form A. Rule 5 of the chapter was discussed.
- 23-11-2022 I submit a new Form A, with my selections as tick mark, without any option being struck out. Complied with the objection. Scrutiny branch schedule the meeting with ‘Party-in-person’ committee.
- 24-11-2022 I meet the Registrar vigilance, and Party-in-person committee. They allow me to represent myself as party-in-person for the Writ Petition.
- 28-11-2022 Scrutiny branch gives some more office objection compliance items that I need to address.
- 29-11-2022 I comply with the office objection list and now waiting for them to post the Writ Petition for ‘Preliminary hearing’.
Writ Petition as filed on 29-10-2022, along with High Court of Karnataka receipt acknowledgement.
The Writ Petition file submitted with all office objections complied on 29-11-2022, with separate file for annexures A and B, and third file with all the replaced sheets that were stitched after the blank sheet of the Writ Petition.
- 3-12-2022 Scrutiny branch asked me to change the usage of word ‘Defendant’ to ‘Respondent’.
- 3-12-2022 I manually changed the word defendant to respondent across the index sheets and Writ Petition pages 1-13. This resulted in a lot of corrections and signatures in the Writ Petition. The Scrutiny branch asked that I replace the sheets for legibility, for the Honorable court.
- 5-12-2022 I reprinted the index sheets and Writ Petition pages 1-13 with the correction, executed them on 4-12-2022 and submitted the corrected pages to Scrutiny branch.
The corrected, replaced Index sheets and Writ petition pages 1-13 are attached in the file here.
Current Status of Writ Petition.
Disposed. With judgement giving six weeks from 6-2-2023, for me to receive the ‘Consent letter’.
Activity on 8-12-2022. In court hall CH-17.
I shared that there is urgency in initiating the proceeding against uspto. The Honorable Judge instructed me to serve another copy of the ‘Writ Petition’ to the ASG office. He suggested that he would instruct the ASG advocate to ‘Issue the consent letter’. And the Petition was posted for January 4th 2023. I hand delivered another copy of the Writ Petition to the ASG office.
Activity on 4-1-2023. In court hall CH-23.
The ASG lawyer representing the respondent was present for the hearing. The Honorable Judge instructed the ASG lawyer to issue the ‘Consent letter’ and their response by the next hearing date of 24-1-2023. I shared the urgency to initiate proceeding against uspto, and Honorable Judge suggested I wait until next hearing date.
On 20-1-2023, the following ‘Memorandum was filed with the High court of Karnataka’.
Activity on 24-1-2023. In court hall CH-23.
While I was given a hearing date of 24-1-2023, the Writ petition WP 21782 / 2022 was not listed. The Honorable judge requested that I present a ‘Memo for posting’. I obliged by sharing the ‘urgency on getting the Consent letter and that I have waited for over 18 months for the same’. The Honorable court posted the petition for 3-2-2023.
Activity on 3-2-2023.
There was no sitting in CH-23. All the suits from CH-23 were posted in CH-19, including WP 21782/2022. I was directed to go to CH-19. I sought ‘Interim orders’ and the Honorable court posted for hearing on Monday, 6-2-2023, in CH-23.
Activity on 6-2-2023.
Respondent advocate did not issue the ‘Consent letter of Indian government’. However presented facts that they have initiated the process to ‘Issue the consent letter’, and they have some questions that I must answer, and will be scheduling a webex interaction with me. I have made myself available to answer all questions relating to ‘Breach of Patent Cooperation Treaty articles 18(2) and 19(1) by uspto for the requested consent letter’. I mentioned and brought two memorandum on record for the Honorable court. Memorandum under order VI, rule 17 filed with the Honorable High Court on 20-1-2023. I mentioned this memorandum which consists of additional prayer points arising out of the same ‘Cause of action’. I will be introducing the details in upcoming hearing date. I mentioned and presented Memorandum filed under order XXVII, rule 6 to the Honorable court. The Honorable court recorded orders stating that the respondent must take necessary action and issue the requested consent letter within six weeks.
Judgement giving six weeks from 6-2-2023, for me to receive the ‘Consent letter’.
I accessed these orders through High Court of Karnataka website. The Judgement available online is attached here.
To my surprise the Writ petition was in Disposed status, when I had filed a Memorandum under order VI rule 17 of CPC on 20-1-2023 to be further presented to the Honorable court.
I have filed for certified copy of the judgement, orders.
Activity on 13-2-2023.
The Ministry of External Affairs conducted a ‘webex meeting’ with participants from Legal and Treaties Division, AMS Division, and other participants. I described the ‘Breach of Patent Cooperation Treaty articles 18(2) and 19(1), committed by USPTO’ in detail to all the participants of the webex meeting. I did direct them to the website webpage where they could also access the documents submitted to the court in the OS 2487 of 2021. I did ask if any participants had any questions. There were no questions. The Ministry mentioned they would take action soon, and in accordance with court orders. I expect to receive the ‘Consent letter’ within next few days or certainly within the six week timeline set by the Honorable court’.
UPON Receiving the Consent Letter.
I will file the ‘Original Suit’ in Bangalore city civil court, this time with the ‘Consent letter’ so that the court would initiate the proceeding.
Activity on 14-2-2023
In CH-23 of High court of Karnataka, I attempted to present two memorandum, to bring the Writ Petition WP 21782 / 2022 from the ‘Disposed’ status to ‘Hearing’ status. A ‘Memorandum under order XLVII rule 1(1)(a) of CPC’ to ‘review the judgement, in this case the status, for reasons of the memorandum under order VI rule 17 of CPC filed with Honorable court on 20-1-2023’, and a second ‘Memorandum for posting’ the WP 21782 / 2022 for hearing, giving me under 10 minutes to present the memorandum filed with Honorable court on 20-1-2023. The Honorable court did not allow these memorandum, and kept the Writ petition in Disposed status. Suggested that I consider a subsequent Writ Petition if required.
For the Preparatory and Planning steps to execute 62 sale agreements, I will be filing a new Writ Petition in upcoming weeks.
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STATUS OF OS 42 of 2022 that was filed in Trial Court.
FINAL Status of the Lawsuit – Dismissed on 13-10-2022.
Given that this is the ‘Consent letter to be issued and submitted to court by Legal and Treaties Division of MEA’ to address CPC section 86, to initiate the proceeding of OS 2487 of 2021, the court has dismissed this suit stating this court cannot grant such a prayer. The court orders uploaded to the Bangalore city civil court website are attached here. I am waiting for the certified true copies of the orders. An ‘Appeal’ in High Court of Karnataka’ shall be made to receive the ‘Consent letter of Indian government duly signed by its secretary to sue uspto, and summon WIPO – World Intellectual Property Organization, and IPI – Intellectual Property India to assist the court with fact finding and discovery’. Upon the receipt of the ‘Consent letter’, the lawsuit against USPTO will initiate.
Appeal in High Court. I shall provide the details when it is filed, along with its status in upcoming weeks.
Suit Details.
A new suit which is intended to have the Legal and Treaties division of MEA [Ministry of External Affairs] to directly submit the ‘Consent letter of Indian government’ to the Honorable court, was filed on 3-1-2022.
The suit was given the number OS 42 of 2022. The suit as filed is attached here:
The document 1 attached with the suit.
Status of the suit: Summons stage. Summons to defendant delivered on 21-02-2022. Waiting for WS and ‘Consent Letter’ from the defendant.
Next court hearing date: 13-10-2022.
FINAL Status of the Lawsuit – Dismissed on 13-10-2022.
Given that this is the ‘Consent letter to be issued and submitted to court by Legal and Treaties Division of MEA’ to address CPC section 86, to initiate the proceeding of OS 2487 of 2021, the court has dismissed this suit stating this court cannot grant such a prayer. The court orders uploaded to the Bangalore city civil court website are attached here. I am waiting for the certified true copies of the orders. An ‘Appeal’ in High Court of Karnataka’ shall be made to receive the ‘Consent letter of Indian government duly signed by its secretary to sue uspto, and summon WIPO – World Intellectual Property Organization, and IPI – Intellectual Property India to assist the court with fact finding and discovery’. Upon the receipt of the ‘Consent letter’, the lawsuit against USPTO will initiate.