Agriculture — India Patent Cases
157 decisions indexed
Page 4 of 6 · 157 total
Fmc Corporation v.Best Crop Science Llp
Plaintiffs filed a suit seeking permanent injunction against Best Crop Science LLP for allegedly using the patented process IN '645 to manufacture Chlorantraniliprole (CTPR) under the brand name CITIGEN. Defendants contested the suit, raising issues of patent invalidity due to non-working and allegations of evergreening by plaintiffs. The Court ordered the appointment of a Local Commissioner and Scientific Advisors to independently analyze the product and map the defendants' process against the suit patent.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner challenged an impugned order passed by the Deputy Controller of Patents and Designs, which granted a patent for 'Novel Fungicidal Composition'. The petitioner argued that the respondent made amendments to their claims without providing them an opportunity to be heard. However, the court dismissed the writ petition, holding that the petitioner had already availed of alternative remedies.
Vikram A Sreerama v.U. Galeppa Reddy
The plaintiff filed an arbitration suit challenging an arbitral award related to a partnership firm that developed 'Amvicube PA 2.0', a machine for detecting broken rice grains. The plaintiff alleged misappropriation of IP rights and assets by the defendant, but the court upheld the original arbitral award.
Bayer Intellectual Property Gmbh v.The Controller Of Patents
Bayer Intellectual Property Gmbh appealed the Patent Office's order rejecting its divisional patent application (No. 201918027661). The rejection was based on a lack of inventive step and insufficient experimental data. The Court directed the parties to submit the full file wrapper of both the parent and subject applications for further consideration.
Best Agrolife Limited v.Deputy Controller Of Patents & Anr.
The petitioner challenged the Deputy Controller's decision granting Patent No. IN 394568, arguing that the grant was flawed because the pre-grant opposition raised on grounds like lack of novelty and non-patentability under Section 3(d) was ignored. The court found that the impugned order was non-speaking, failed to address key objections, and did not consider expert affidavits. Consequently, the matter was remanded for a fresh, reasoned decision.
BASF SE v.SEEDLINGS INDIA PRIVATE LIMITED & ANR
BASF SE filed a suit seeking permanent injunction against Seedlings India Private Limited and others for infringing its Patent No. IN 271338, which covers crystalline complexes used in fungicides/insecticides. The Plaintiff argued that the Defendants' products were approved under Section 9(4) of the Insecticides Act, despite previous undertakings by related group companies not to infringe the patent.
BASF SE v.GSP CROP SCIENCE PRIVATE LIMITED
BASF SE filed a suit seeking protection of its patent No. IN 271338, which covers crystalline complexes containing thiophanate-methyl and pyraclostrobin used as a fungicide. The court addressed several procedural applications before granting an interim order regarding the injunction request.
Valent Biosciences Llc v.The Controller of Patents and Designs
Valent Biosciences Llc filed an appeal challenging the Assistant Controller's order rejecting its patent application (No. 201717025151). The rejection was based on a lack of inventive step under relevant sections of the Patents Act, 1970. The court allowed applications for additional documents and exempted filing fees, and listed the appeal for further hearing.
UPL Limited v.Agro King Pesticides Pvt. Ltd.
The dispute involved UPL Limited asserting its patent rights over the composition Clodinafop-Propargyl (15%) + Metsulfuron Methyl (1%) WP against Agro King Pesticides Pvt. Ltd. The matter was amicably settled before the Delhi High Court Mediation and Conciliation Centre.
Syngenta Participations Ag v.Gsp Crop Science Private Limited
Plaintiffs alleged that the Defendant was using a process patented under IN 206995. The Defendant defended by claiming invalidity based on prior art (EP 1031566). This order addressed procedural applications, allowing the Defendant time to file the official translated copy of the cited prior art.
Seedsmen Association v.Government Of Andhra Pradesh
The appeal challenged an order passed in a Writ Petition concerning a Government Order that fixed the reasonable trait value/royalty for cotton seeds. The court considered arguments regarding the prejudice to the petitioners if the order was suspended, particularly its effect on pending arbitral disputes.
Nuziveedu Seeds Limited v.Rallis India Ltdl.
Nuziveedu Seeds Limited challenged an Arbitral Award dated 30.3.2009 under Section 34 of the Arbitration & Conciliation Act, 1996. The dispute centered on a contract for developing transgenic cotton lines ('Suraksha') and the failure to deliver specific genes (Cry-IC standalone). Nuziveedu Seeds sought to set aside parts of the award regarding damages and deliverables.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
The suit alleged infringement of Plaintiff's patent (IN'429) related to a novel agricultural composition used as a fertilizer. The Plaintiff claimed that Defendant No.1 was manufacturing and selling infringing products under brand names 'SUFFAR 90' and 'COZY WET 90 WDG'.
FMC Corporation v.Natco Pharma Limited
FMC Corporation filed applications seeking interim injunction against Natco Pharma Limited and Best Crop Science LLP for allegedly infringing its patents related to Chlorantraniliprole (CTPR). The court examined claims of infringement and challenges to the validity of the patents. Ultimately, the Delhi High Court allowed the interim injunctions, emphasizing that in patent infringement cases involving agrochemicals, public interest dictates preventing the perpetuation of an invention that is prima facie infringing.
Willowood Chemicals Pvt Ltd v.Indo-Swiss Chemicals Ltd & Anr.
The defendants filed an application seeking permission from the court to sell their existing stock of a fungicidal composition, which was previously restrained by an ex-parte injunction. The plaintiff strongly opposed this request, arguing that the defendants had continued manufacturing and selling the infringing product despite being aware of the patent rights and prior objections. The court dismissed the application.
UPL Limited v.Bhaskar Agrochemicals Ltd & Anr.
UPL Limited filed a suit alleging that Bhaskar Agrochemicals Ltd was manufacturing and intending to launch a product comprising Acephate 50% + Imidacloprid 1.8% SP, infringing UPL's registered patents (IN 194211 and IN 211250). The court decreed the suit in favor of UPL Limited, granting a permanent injunction against the defendant for the validity period of the patents.
Fmc Corporation v.Natco Pharma Limited
FMC Corporation filed suits alleging infringement by Natco Pharma Limited regarding the product Chlorantraniliprole (CTPR), protected under Indian Patents IN 307 and IN 332. The core dispute revolved around whether these specific patents remained valid, especially since CTPR was covered by an expired genus patent (IN 978). While FMC argued for a permanent injunction against the launch of CTPR, Natco contended that the validity of the suit patents was questionable due to the prior coverage by IN 978. The court disposed of the interim applications but scheduled further hearings to conclude the complex arguments on the merits.
Fmc Corporation v.Best Crop Science Llp
The case involves a patent infringement dispute regarding one of the suit patents. Another related suit is pending before a different bench.
Monsanto Technology Llc v.Nuziveedu Seeds Ltd
The parties, Monsanto Technology Llc and Nuziveedu Seeds Ltd, filed joint applications to withdraw the suit and counter claim. They stated that they had amicably resolved their disputes through a Settlement Agreement dated March 26, 2021.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Controller's order rejecting its pre-grant opposition under Section 25(1) of the Patents Act, 1970, which led to the grant of a patent in favor of the respondent. The court addressed arguments regarding whether a writ petition is an efficacious remedy against such rejection.
BASF SE v.UPL LIMITED
BASF SE filed a suit against UPL Limited seeking permanent injunction for infringing its India Patent No. 262428, which covers Boscalid anhydrous Form-II. The court considered affidavits from both parties regarding infringement and R&D activities. Ultimately, the court decreed the suit in favor of BASF SE, granting a permanent injunction.
FMC Corporation v.Modern Insecticides Limited
FMC Corporation filed a suit alleging that Modern Insecticides Limited was infringing its valid Indian Patent (IN 201307) related to the insecticide Chlorantraniliprole (CTPR). The plaintiffs, who are co-owners of the patent, claimed that the defendant was manufacturing and exporting the compound, thereby violating their intellectual property rights. Based on the prima facie case presented by FMC Corporation, the Delhi High Court granted an ex-parte ad-interim injunction in favour of the plaintiffs.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
This case involved multiple Commercial Arbitration Petitions challenging arbitral awards related to a licensing agreement for transgenic Bt. cotton seeds. The petitioner claimed rights to royalty fees and technology transfer, while the respondent defended the award which allowed monetary claims made by them. The Court dismissed all arbitration petitions, finding no patent illegality in the impugned award.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
The petitioners challenged several arbitral awards related to licensing agreements for Bt. cotton seeds, arguing that the respondent failed to transfer technology and was liable to pay royalties. The Bombay High Court dismissed all commercial arbitration petitions, finding no patent illegality or infirmity in the impugned award.
UPL Limited v.Modern Insecticides Limited
UPL Limited filed a suit alleging that Modern Insecticides Limited was infringing its statutory rights by exporting and intending to manufacture a product covered by patent IN 244551. The composition in question is a synergistic herbicide comprising Metsulfuron Methyl and Sulfosulfuron.
Fmc Corporation & Anr. v.Natco Pharma Limited
The plaintiffs filed a commercial suit alleging infringement by Natco Pharma Limited of their Indian Patents IN 201307 and IN 213332, covering the molecule Chlorantraniliprole (CTPR). The defendant challenged the plaint through various applications. This order addressed these interim applications.
Monsanto Holdings Private Limited v.Competition Commission Of India
Monsanto Holdings Private Limited challenged several orders issued by the Competition Commission of India (CCI) concerning allegations of unfair trade practices related to the 'trait fee' charged for using Bt. Cotton technology. The core dispute revolved around the licensing terms and recurring fees imposed by MMBL, a subsidiary in India. The Delhi High Court dismissed the petitions, finding no reason to interfere with the CCI's administrative orders, provided they were not arbitrary or unreasonable.
Sungro Seeds Ltd v.Sk Tripathi & Ors
Sungro Seeds Ltd filed a suit alleging that its ex-employees misappropriated confidential information, including parent lines and breeding strategies for its hybrid cauliflower 'Katreena', which was then used by a competitor to market an identical variety named 'Riya'. The core dispute centered on the unauthorized use of trade secrets and unfair competition. However, the Delhi High Court ultimately dismissed the suit, holding that without prior registration under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act), the plaintiff could not maintain a suit to restrain infringement.
Anand S/o Nanabhau Embadwar v.Union of India, Through Ministry of Agricultural & Farmers Welfare
This case involved a Public Interest Litigation and Writ Petition challenging the manufacturing and marketing of Soil Testing Fertilizer Recommendation (STFR) technology developed by ICAR and IARI. The petitioner, Nagarjuna Agro Chemicals Pvt. Ltd., sought to restrain its marketing while simultaneously benefiting from the technology. The court found the litigation frivolous and vexatious.
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. v.M/s. Sai Agrotech, F.M.D. (Farm Machinery Division)
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. filed applications for review against a previous judgment that had allowed a license request for Light Trap Equipment to be rejected by NCIPM. The court reviewed the matter, considering the involvement of the review applicant in an earlier agreement with ICAR regarding the licensed technology.
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