Agriculture — India Patent Cases
181 decisions indexed
Page 3 of 7 · 181 total
M.K.Agrotech Pvt. Ltd. v.Registrar Of Trademarks; K.Suma Trading as Suma Oil Agencies
M.K.Agrotech Pvt. Ltd. filed a petition seeking the rectification and cancellation of a rival trademark registration, arguing it was deceptively similar to its own mark. The petitioner also noted that the rival trademark had expired and not been renewed. Consequently, the Madras High Court dismissed the petition as having become infructuous, effectively upholding the status quo regarding the challenged registration.
Gsp Crop Science Pvt. Ltd. v.Devender Kumar
GSP Crop Science Pvt. Ltd. filed a suit alleging infringement of its Suit Patent (IN384184) concerning a liquid composition of Pendimethalin and Metribuzin. The Plaintiff claimed that the Defendant launched an imitation product named 'Pendamic' which matched the claims of the patent. Based on the prima facie case established, the Court granted an ex-parte ad interim injunction.
Living Seed Technologies Llp. v.Karthikeya Crop Technologies
The Madras High Court addressed a Civil Revision Petition filed by Living Seed Technologies LLP against Karthikeya Crop Technologies regarding Trade Mark Application No. 4972011. The petitioner sought an expedited resolution to an ongoing opposition petition, citing prior injunctions obtained in civil courts concerning passing off. The court directed the Registrar of Trademarks to dispose of the interlocutory petition promptly and further mandated that no certificate of registration be issued until the matter is resolved.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial civil suit seeking protection against infringement of its patent (IN282092) by M/S Happy Agro Chemicals & Ors., who market the product 'ZINKING'. The court, after considering submissions and expert reports, found that a prima facie case was made out.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial suit seeking protection against the infringement of its patent (IN 282092) by M/S Happy Agro Chemicals & Ors., specifically concerning their product 'SELZIC'. The court, after considering arguments and expert testimony, found that a prima facie case was made out.
Monsanto Technology, LLC v.Assistant Controller of Patents and Designs, The Patent Office
Monsanto Technology appealed the order of the Assistant Controller which refused to patent two independent claims related to transgenic soybean plants. The appellant argued that if objections were raised, at least the remaining eleven claims should have been patented. The High Court found the respondent had not applied its mind wholly to all claims.
PepsiCo India Holdings Pvt Ltd v.Kavitha Kuruganti
This appeal challenged the revocation of a plant variety registration (FL 2027) granted to PepsiCo. The initial Single Judge affirmed the revocation primarily due to incorrect information regarding the date of first commercial sale and failure to submit requisite documentation. The High Court allowed PepsiCo's appeal, setting aside the revocation order while noting that the mistake in styling as 'new' was remediable.
PepsiCo India Holdings Pvt Ltd v.Kavitha Kuruganti
PepsiCo appealed the revocation of registration for its plant variety FL 2027. The original revocation was based on PepsiCo furnishing incorrect information about the date of first commercial sale and alleged non-compliance with documentation requirements. The High Court allowed PepsiCo's appeal, setting aside the impugned judgment regarding the eligibility to apply for registration.
Haryana Pesticides Manufactures Association v.Assistant Controller of Patents and Designs & Anr.
The petitioner, an association of pesticide manufacturers, challenged the dismissal of their pre-grant opposition against a patent application (No.538/DEL/2010) filed by Crystal Crop Protection Limited. The core dispute revolved around whether the respondent failed to serve notices correctly after the petitioner changed their email address.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd. & Ors.
GSP Crop Science Private Limited filed a revocation petition challenging the validity of Indian patent no. 298645 (IN645) granted to FMC Agro Singapore Pte Ltd. The petitioner argued that IN645 is invalid because its main patent has expired and it suffers from anticipation by prior claims.
Gsp Crop Science Pvt Ltd v.Synergy Insecticides Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd and Synergy Insecticides Pvt Ltd was settled out of court. The Defendant acknowledged the Plaintiff's exclusive rights in products protected by Indian Patent 394568, which covers specific formulations.
M/s. Ramcides CropScience Pvt. Ltd. v.Kingdao Agrochem (India) Private Limited
The plaintiff filed a suit alleging infringement of its patent (No. 299036) concerning 'ZINC HEDP -17%' by the defendant's product, 'Legion Zinc: Zn HEDP 17.0%'. The dispute was settled when the defendant submitted an Undertaking Affidavit agreeing to cease all infringing activities and pay compensation.
Gsp Crop Science Pvt Ltd v.Jai Farm Chemicals Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd (Plaintiff) and Jai Farm Chemicals Pvt Ltd (Defendant) regarding infringement of Indian Patent 394568 was settled. The Defendant acknowledged the Plaintiff's exclusive rights in the patented formulation and undertook not to infringe the patent during its lifetime.
Crystal Crop Protection Limited v.Sudpita Dey Assistant Controller Of Patents and Designs & Ors.
Crystal Crop Protection Limited filed an appeal before the Delhi High Court challenging the Assistant Controller's order dated January 11, 2022, which refused to grant a patent for 'Insecticidal Composition'. The court condoned the delay in filing the appeal and listed the matter for final hearing.
Kuraray Co. Ltd v.The Assistant Controller of Patents & Designs, The Patent Office
Kuraray Co. Ltd appealed the rejection of its patent application concerning a process involving PVA film for plant cultivation. The rejection was based on lack of inventive step. The High Court set aside the impugned order, finding that the specific properties (birefringence and swelling degree) of the PVA film provided unexpected excellent results.
Bcs S.P.A. v.The Controller of Patents and Designs, Government of India
Bcs S.P.A. appealed the Controller's decision rejecting its patent application for an 'Agricultural Driving Mechanism and Related Tool'. The appellant argued that the rejection order was unreasoned, merely reproducing extracts from prior art without proper analysis. The High Court agreed, finding the order bereft of reasoning, and set it aside.
Insecticides (India) Limited v.Anu Products Limited
Insecticides (India) Limited filed a suit seeking permanent injunction against the infringement of its patent (IN 316801), which covers an insecticidal composition. The parties subsequently entered into a settlement agreement via mediation, leading to the court decreeing the suit based on the agreed terms.
Intervet International B.V. v.Veko Care Private Limited
The plaintiff sued the defendant for infringing Indian Patent No. 283279, which covers the active ingredient 'FLURALANER' used in veterinary drugs like 'Bravecto'. The dispute involved the defendant promoting a counterfeit product under the mark 'FURALINE'. The parties subsequently reached an amicable settlement and filed a joint application.
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed a decision by the Controller of Patents and Designs which refused its Divisional Application, arguing that the parent application lacked claims relating to multiple distinct inventions. The High Court addressed the legal questions regarding the maintainability of divisional applications under Section 16 of the Patents Act.
UPL Limited v.Triveni Chemicals And Industries Ltd. & Anr.
UPL Limited filed a suit alleging that Triveni Chemicals And Industries Ltd. was manufacturing and selling a product containing the composition protected by UPL's Indian Patent No. IN 428514. The court registered the plaint as a suit, issued summons to the defendants, and directed parties to file pleadings and respond to the interlocutory injunction application.
Kubota Corporation v.Godabari Agro Machinery And Services India Private Limited
Kubota Corporation filed a suit for patent infringement in the Delhi High Court against Godabari Agro Machinery And Services India Private Limited. The dispute centers on Kubota's 'HARVES KING' combined harvester, which the Plaintiff claims is infringed by the Defendants' product, 'Ruilong Plus ++'.
Nutri Feeds And Farms Private Limited v.The Registrar Of Trade Marks
The Madras High Court allowed an appeal filed by Nutri Feeds And Farms Private Limited against the Registrar of Trade Marks' refusal to register their device mark. The court found that when viewed as a whole—including the rooster image, stylized font, and corporate name—the mark was distinctive and did not fall under absolute grounds for refusal. Crucially, the prior registration of an identical mark in a related class bolstered the appellant's case, leading the court to set aside the objection and allow the application to proceed to registration.
M/S Laxmi Agro Impex India v.M/S Ladli India Commodities
In a dispute concerning the trade mark 'LADLI/SABKI LADLI', the Delhi High Court addressed parallel proceedings related to trademark rectification. Recognizing that simultaneous litigation could lead to multiplicity of suits, the court permitted both parties to withdraw their respective pending rectification petitions. This decision aims to consolidate the issues and streamline the legal process for a comprehensive trial.
Dow Agrosciences Llc v.The Controller Of Patents
Dow Agrosciences LLC challenged the refusal of its patent application, 'Stabilized Agricultural Oil Dispersions,' citing errors and inaccuracies in the Controller's objections. The appellant argued that key prior art documents were wrongly cited or misinterpreted, particularly regarding thermal stability claims. Recognizing significant procedural flaws and incorrect references in the impugned order, the Delhi High Court allowed the appeal and remanded the matter back to the Patent Office for a fresh examination.
Upl Limited v.Haryana Pesticides Manufactures Association and Anr.
Upl Limited filed an appeal before the Calcutta High Court challenging an earlier order issued by the Controller General of Patents, Designs & Trademark. The court admitted the appeal, noting that no interim relief was warranted at this stage. The judgment sets out a clear procedural roadmap, directing the appellants to prepare and file comprehensive informal paper books within specified timelines for the matter to be heard on its merits.
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed an order rejecting its divisional patent application (No. 7059/DELNP/2011). The dispute centered on whether the parent application (No. 6114/DELNP/2005) truly disclosed multiple inventive concepts, which is a prerequisite for filing a valid divisional application under Section 16 of the Patents Act, 1970.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer product named Zeeka Sulf, which infringes upon its Indian Patent No. IN 282092. The plaintiff provided chemical analysis reports and expert opinions confirming that the composition of Zeeka Sulf falls within the scope of the patented claims.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer composition named 'Aladdin' which infringes upon its granted Indian Patent No. IN 282092. Chemical analysis confirmed the defendant's product contained sulphur (67.8%) and zinc oxide (22.7%), falling within the patented range. The court found a prima facie case of infringement.
Pepsico India Holdings Pvt. Ld. v.Kavitha Kuruganti
Pepsico India Holdings Pvt. Ld. appealed a decision by the Protection of Plant Varieties and Farmers Rights Authority (Authority) that revoked its registration for the potato variety FL 2027. The appellant challenged the revocation order, arguing it was based on incorrect information regarding the variety's category and assignment chain, and that the Authority exceeded its jurisdiction. However, the Delhi High Court dismissed the appeal, finding no merit in the challenge to the respondent's locus standi or the Authority's decision.
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