Agriculture — India Patent Cases
181 decisions indexed
Page 2 of 7 · 181 total
Upl Ltd v.The Controller Of Patents Designs And Trademark
Upl Ltd challenged the rejection of its patent application concerning a novel agrochemical fungicide combination. The core dispute centered on whether adding a multi-site fungicide to existing SDHI combinations provided a synergistic and unexpected technical advantage, or if it was merely an obvious aggregation of known substances. The Calcutta High Court found that the original order lacked proper analysis of the experimental data supporting synergy and noted procedural lapses by the Controller in failing to issue a Second Examination Report (SER). Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
Kemin Industries, Inc. v.The Controller of Patents
Kemin Industries appealed an order rejecting its patent application concerning the use of Ferulic Acid Esterase (FAE) combined with four main chain degrading enzymes in monogastric animals. The appellant argued that the specific combination provided synergistic effects and was not obvious from prior art. The High Court allowed the appeal, setting aside the rejection and directing the patent application to proceed for grant.
BASF SE v.JOINT CONTROLLER OF PATENTS AND DESIGNS AND ORS
BASF SE appealed a rejection order concerning its patent application for 'CRYSTALLINE MODIFICATIONS TO PYRACLOSTROBIN' (Form IV modification). The appellant argued that the 18-year delay in disposal violated natural justice and that the rejection was erroneous on merits. The court set aside the impugned order, primarily due to the egregious delay.
Tirth Agro Technology Private Limited v.Shree Bhawani Agro Industries
The Delhi High Court granted an ex-parte ad interim injunction in favor of Tirth Agro Technology Private Limited against Shree Bhawani Agro Industries. The court found that the plaintiff had made out a prima facie case regarding the unauthorized use of the trademark 'SHAKTIMAN' by the defendant on agricultural products like Rotavator Blades. This immediate relief aims to prevent irreparable harm while the main suit proceeds, underscoring the urgency in protecting established brand rights.
Dcm Shriram Limited v.Mr Amreek Singh Chawla & Ors.
The defendants filed an application seeking vacation of an ex-parte ad interim injunction order granted to the plaintiff. The court considered arguments that the plaintiff had suppressed facts, specifically claiming they only discovered the infringing product on 30th October 2024, when in fact they were aware of the defendant's mark since 2018. Consequently, the court vacated the injunction and referred the matter to mediation.
Syngenta Limited And Anr. v.Gsp Crop Science Private Limited
The plaintiffs filed an application seeking a direction to the defendant to comply with the mutually agreed Terms of Reference (ToR) and provide access to specific documents shared under the ToR. The defendant opposed this, citing concerns over leakage of proprietary information and violation of Section 104A of the Patents Act. The Court ruled in favor of the plaintiffs, directing the defendant to supply the requested information while allowing redaction of supplier names.
Dcm Shriram Limited v.Mr Arvind Kumar & Anr.
Dcm Shriram Limited successfully secured an ex-parte ad-interim injunction against Mr. Arvind Kumar & Anr. in the Delhi High Court. The court found that the defendants' use of identical packaging and trade dress for their product was a slavish imitation of the plaintiff's registered trademark, 'SHRIRAM 303'. Given the likelihood of market confusion and irreparable injury to Dcm Shriram Limited, the court granted immediate relief restraining the defendants from using any deceptively similar marks or designs.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag challenged the refusal of its patent application, which covered methods for controlling rice plant infestations using a specific compound. The initial rejection was based on the argument that these methods constituted 'methods of agriculture' and were thus unpatentable under Section 3(h) of the Patents Act. The Delhi High Court overturned this decision, holding that a method of treating plants is distinct from fundamental agricultural practices. Consequently, the matter was remanded to the Controller for fresh examination.
Dcm Shriram Limited v.Kohinoor Seed Fields India Private Limited
Dcm Shriram Limited successfully secured an interim injunction against Kohinoor Seed Fields India Private Limited in the Delhi High Court. The court recognized a prima facie case of trademark infringement and passing off, given Dcm Shriram's established brand presence and statutory protection for its 'Shriram Super 303' mark. This crucial order temporarily prevents the defendant from using deceptively similar marks like '303' in relation to wheat seeds, protecting the plaintiff's market reputation during the critical Rabi cropping season.
Grains Research And Development Corporation v.The Assistant Controller Of Patents And Designs
The petitioner appealed an earlier decision concerning a patent application related to insect control methods. The court also addressed two interlocutory applications: one granting exemption from filing originals, and another condoning a 13-day delay in filing the main appeal.
Ulink Agritech Private Ltd. v.Sml Limited & Others
The appellant challenged an ex-parte ad-interim injunction granted by the Single Judge, which restrained them from infringing Patent No. 282092 (covering 'SELZIC'). The core legal issue was whether the Single Judge's order contained adequate reasons as mandated by proviso to Order 39 Rule 3 CPC. The High Court found that the conclusion of a prima facie case was not preceded by any proper reasoning, leading to the setting aside and remittance of the injunction.
Ashokbhai Manjibhai Sankharava trading as M/s. Unolex Aquatech v.M/S. Trishul Pump
The appeals challenged orders passed by the Commercial Court rejecting applications seeking exemption from mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff had filed four suits for patent infringement (No. 388576) but failed to demonstrate a genuine need for urgent interim relief.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag filed an appeal before the Delhi High Court challenging the rejection of its Indian Patent Application No. 202117035647 by the Assistant Controller of Patents. The court allowed exemption and set notice, granting both parties time to file their respective written synopses or rejoinders.
Agro Innovation International v.The Controller Of Patents
Agro Innovation International filed an appeal challenging the Controller of Patents' decision dated 23.02.2024, which had rejected their patent application no. 202017025064. The court allowed applications for exemption and condoned a delay of eight days in filing the appeal, subsequently issuing notice to the respondent.
Sakata Seed Corporation v.The Controller of Patents and Designs, Government of India
Sakata Seed Corporation appealed the Controller's rejection of its patent application for 'Eustoma having Cytoplasmic Male Sterility,' citing that it was essentially a biological process. The appellant argued that specific human interventions, such as screening and checking hybrid seeds, made the invention non-biological. The High Court agreed with this contention but found the Controller lacked sufficient reasoning on the matter.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
Mineral Earth Sciences Llc v.X Development Llc
The Bombay High Court addressed the ongoing dispute between Mineral Earth Sciences Llc and X Development Llc concerning trademark matters. While no final decision was rendered on this date, the court maintained that any interim relief previously granted in the matter would continue to be effective until the next hearing date. The case is scheduled for further consideration on August 2nd, 2023.
Professor Jayashankar v.Monsanto Technology LLC
Professor Jayashankar filed an Original Petition seeking the revocation of Patent No. 232681, granted to Monsanto Technology LLC, under Section 64 of the Patents (Amendment) Act, 2005. The petition was heard by the Madras High Court on June 13, 2024. However, due to the petitioner's failure to appear despite being served notice, the court dismissed the Original Petition for non-prosecution.
Professor Jayashankar, Telangana State Agricultural University v.Monsanto Technology LLC
Professor Jayashankar, representing Telangana State Agricultural University, filed an Original Petition seeking the revocation of Patent No. 232681 held by Monsanto Technology LLC. The petition aimed to challenge the validity of the patent under Section 64 of the Patents (Amendment) Act, 2005. However, despite being served notice, the petitioner failed to appear before the Madras High Court on multiple occasions. Consequently, the court dismissed the Original Petition for non-prosecution.
Jrpl Riceland Llp v.Crop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Croda Inc v.The Controller Of Patents
Croda Inc filed an appeal before the Delhi High Court challenging the order dated November 6, 2020, issued by the Assistant Controller of Patents and Designs. The original patent application (No. 1432/DELNP/2013) concerning Agrochemical Adjuvants and Formulations was refused.
Syngenta Participations Ag v.Controller Of Patents And Designs
Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.
UPL Limited v.The Controller Of Patents Designs And Ors
UPL Limited appealed a decision by the Joint Controller of Patents and Designs which refused to proceed with its patent application (No. 1378/KOL/2013). The appellant argued that the rejection was based on procedural flaws, specifically the failure to address expert affidavits and critical technical submissions. The Court set aside the impugned order based on admissions made by the authorities in their affidavit in opposition.
M/S Deluxe Agriculture Works v.Deluxeagriculture Industries Private Limited & Ors.
The Delhi High Court ruled in favor of M/S Deluxe Agriculture Works, overturning a rectification made by the Trademarks Registry that had transferred ownership of the 'Deluxe' trademark to Deluxe Agriculture Industries Private Limited. The court found that the purported Deed of Assignment was invalid because Respondent No. 2 denied executing it and alleged forged signatures. Consequently, the registration was restored to M/S Deluxe Agriculture Works, affirming their original proprietorship.
Baskar v.G. Raghu Babu
The plaintiff, who holds a registered industrial design for a 'Forklift Vehicle,' sought an injunction against the respondent, alleging imitation and infringement. The respondents contended that the design was not unique, as it involved attaching a forklift to a conventional tractor already used in agriculture, and their activities were merely assisting farmers. The High Court set aside the ad-interim injunction.
Kubota Corporation v.Kaira Agros & Ors.
The Delhi High Court granted urgent interim relief to Kubota Corporation in its suit against Kaira Agros. Recognizing the threat posed by counterfeit products, the court allowed an ex-parte appointment of a Local Commissioner. This commissioner is directed to search premises and seize packaging, stickers, and promotional material bearing infringing marks, while also documenting non-infringing machinery. The order paves the way for the formal registration of the suit.
Ollos Biotech Private Limited v.Omega Ecotech Products India Limited
Ollos Biotech Private Limited filed an Original Petition to revoke Patent No.411774 granted to Omega Ecotech Products India Limited. The petitioner contended that the invention lacked novelty, inventive step, and was patent ineligible under Sections 3(d) and (f) of the Patents Act, 1970. The court found that both the product claim and method claim lacked an inventive step or novelty based on prior art and non-patent literature.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
Sulphur Mills Limited sought an interlocutory injunction against several defendants, alleging infringement of its Indian Patent IN 282429 for a 'Novel Agricultural Composition.' The plaintiff argued that their composition offered significant advantages over existing fertilizers, such as faster sulphate conversion and compatibility with modern irrigation. However, the court found that the defendants had successfully established a credible challenge to the patent's validity on the grounds of obviousness based on extensive prior art.
Ynsect v.The Controller Of Patents
Ynsect appealed the Controller of Patents' rejection of its patent application concerning a method for treating insects. The High Court found that the Controller failed to adequately analyze the differences between the subject invention and the cited prior art, particularly regarding higher protein content and lower fat content. Consequently, the appeal was allowed and the matter was remanded back to the Controller for fresh consideration.
Mitsui Chemicals Inc v.Controller Of Patents
Mitsui Chemicals Inc appealed the refusal of its patent application (No. 3877/DELNP/2009), which was rejected on grounds that the claims were unpatentable as a 'method of agriculture' (Section 3(h)) and that amendments violated Section 59. The Appellant argued that the original PCT filing supported the amended composition claims, making the refusal invalid.
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