Neon Laboratories filed a writ petition under article 226 of the Constitution of India against the grant of patent No. 231479, dated 4 March 2009, to Troikaa Pharma Limited.
Troikaa had filed a patent application, accompanied by provisional specification, on 1 February 2005 before the patent office in Mumbai and thereafter filed a complete specification on 25 January 2006.
Subsequently, Neon filed a representation by way of opposition under section 25(1) of the Patents Act, 1970, and rule 55 of the Patent Rules, 2003, and asked the patent controller to grant a hearing on the representation.
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