Right To Cross-examination Is Not Absolute And Must Be Exercised Diligently

The question whether cross examination is a discretionary remedy or a substantive right has come up before the Delhi High Court in context of post-grant oppositions filed against Novartis by three different Respondents with Controller General of Patents being pleaded as Respondent no 1, a) Indian Pharmaceutical Alliance (IPA) b) Micro Labs Limited and c) IPCA Laboratories Ltd. W.P.(C)-IPD 50/2025, W.P.(C)-IPD 51/2025, and W.P.(C)-IPD 52/2025 respectively.

The common issue in all three cases is the denial of cross examination of the expert witnesses by the Controller to the Novartis.

Novartis Arguments

1. That the right to cross-examine the opponent's expert witnesses is a substantive right under Section 79 of the Patents Act, 1970, and not merely a matter of discretion for the Controller.