By Anuj A and Aditya AK.As first reported by SpicyIP, the Delhi High Court has apologised to the authors of an article it had used in its judgment without due citation..The High Court judgment in F Hoffman-La Roche v Cipla, authored by Pradeep Nandrajog and Mukta Gupta JJ was delivered on November 27 this year, three and a half months after it was reserved. Although the case may have dealt with patent battles between two pharma companies, it has caught the attention of IPR experts for an entirely different reason..It was brought to the court’s notice that paragraphs 4-38 of the judgment were copied verbatim from a 2013 academic article published in the Queen Mary Journal of Intellectual Property. The article, penned by IP lawyers Shwetasree Majumder and Eashan Ghosh, is an analysis of the Delhi High Court’s 2008 judgment in the same case, authored by Justice Manmohan Singh..The incident was first brought to light in Ghosh’s Facebook post:.The fiasco seems to have stemmed from an over-zealous intern..In a suo motu order passed yesterday, the court revealed that an intern had offered to summarize the lengthy 2008 judgment to make things easier. And the Bench was seemingly impressed with the intern’s skills..“…so well was the draft of the precise submitted that the Bench decided to incorporate the same in the judgment as was submitted to us by the intern.”.The Bench then offered an apology to the authors for the oversight and proceeded to delete the paragraphs in question from its judgment. The rest of the judgment will remain as it is. The order states,.“…said part of our judgment from paragraph 39 onwards is distinctly severable from paragraphs 4 to 38 because in said paragraphs, as noted above, the impugned judgment has been analyzed…”.Read the November 27 judgment here:.Read the article here: .Read the suo motu order dated December 8 here:.Image taken from here.
By Anuj A and Aditya AK.As first reported by SpicyIP, the Delhi High Court has apologised to the authors of an article it had used in its judgment without due citation..The High Court judgment in F Hoffman-La Roche v Cipla, authored by Pradeep Nandrajog and Mukta Gupta JJ was delivered on November 27 this year, three and a half months after it was reserved. Although the case may have dealt with patent battles between two pharma companies, it has caught the attention of IPR experts for an entirely different reason..It was brought to the court’s notice that paragraphs 4-38 of the judgment were copied verbatim from a 2013 academic article published in the Queen Mary Journal of Intellectual Property. The article, penned by IP lawyers Shwetasree Majumder and Eashan Ghosh, is an analysis of the Delhi High Court’s 2008 judgment in the same case, authored by Justice Manmohan Singh..The incident was first brought to light in Ghosh’s Facebook post:.The fiasco seems to have stemmed from an over-zealous intern..In a suo motu order passed yesterday, the court revealed that an intern had offered to summarize the lengthy 2008 judgment to make things easier. And the Bench was seemingly impressed with the intern’s skills..“…so well was the draft of the precise submitted that the Bench decided to incorporate the same in the judgment as was submitted to us by the intern.”.The Bench then offered an apology to the authors for the oversight and proceeded to delete the paragraphs in question from its judgment. The rest of the judgment will remain as it is. The order states,.“…said part of our judgment from paragraph 39 onwards is distinctly severable from paragraphs 4 to 38 because in said paragraphs, as noted above, the impugned judgment has been analyzed…”.Read the November 27 judgment here:.Read the article here: .Read the suo motu order dated December 8 here:.Image taken from here.
