Agriculture — India Patent Cases
181 decisions indexed
Page 4 of 7 · 181 total
Haryana Pesticides Manufactures' Association v.Nippon Soda Co. Ltd
The petitioner filed an Original Petition seeking the revocation/cancellation of Indian Patent No. 268448 related to a method of producing granular agrochemical composition. However, the petitioner subsequently informed the court that they intended to withdraw the petition without prejudice to their rights.
Pan Seeds Pvt. Ltd. v.Ramnagar Seeds Farm Pvt. Ltd. and Ors.
Pan Seeds Pvt. Ltd. appealed against a lower court's decision regarding an interim injunction concerning its registered plant variety PAN 804. The appeal focused on procedural fairness, arguing that the trial court violated principles of natural justice by relying solely on voluminous documents produced by the respondents without giving the appellant a chance to respond. The High Court allowed the appeal and granted an injunction.
Monsanto Technology Llc v.Union Of India
Monsanto Technology LLC challenged the rejection of its patent application (No. 6560/CHENP/2008) by the Patent Office. The court found that the impugned order breached principles of natural justice because it referenced sections and paragraphs (like Section 10(4)(a), (b), (c) and paragraph 53) that were neither in the First Examination Report nor in the subsequent hearing notice.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
Ankit Aggarwal Proprietor Of M/S Vepson Engineers v.Gupta Casting Pvt. Ltd.
The Delhi High Court allowed petitions filed by Ankit Aggarwal to cancel two trademark registrations held by Gupta Casting Pvt. Ltd. The court found that the respondent's marks were confusingly similar to the petitioner's prior and well-established mark, 'JAI KISAN,' used since 1985 in agricultural implements. Furthermore, the respondent failed to demonstrate genuine use of their registered marks for a continuous period of five years, leading the court to remove them from the Register under Section 47 of the Trade Mark Act.
Krbl Limited v.Manoj Sah
Krbl Limited filed a suit seeking permanent injunction and damages against Manoj Sah and others for infringement, disparagement, and dilution of its flagship trademark 'INDIA GATE', used for Basmati Rice. The court found that the defendants' actions amounted to infringement under Section 29(8) and 29(9) of the Trademark Act, 1999.
Gsp Crop Science Pvt Ltd v.Br Agrotech Limited And Anr
The dispute involved Gsp Crop Science Pvt Ltd asserting its exclusive patent rights over a specific suspo-emulsion formulation. The parties reached a settlement regarding Defendant No. 1 (BR Agrotech), acknowledging the Plaintiff's patent validity and granting a permanent injunction against infringement.
Adama India Private Limited v.Fmc Corporation & Anr.
Adama India Private Limited filed a suit seeking a declaration that its process for manufacturing Chlorantraniliprole (CTPR) does not infringe Patent No. IN 298645 held by FMC Corporation. The court, while addressing an interim application, granted a temporary restraint on the defendants from contacting distributors or regulatory authorities to prevent business hindrance.
Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works v.Yogesh Jangid Trading As Jangid Agro Engineering & Anr.
In this commercial suit, the Delhi High Court addressed procedural applications filed by both parties. The court allowed Defendant No. 1 to place legal proceeding certificates related to its registered trademarks on record, despite initial objections regarding relevance. Furthermore, upon agreement from the Plaintiff, the court permitted the deletion of Defendant No. 2 (IndiaMART Intermesh Ltd.) from the array of parties, allowing the litigation to proceed with a refined set of defendants.
N.V. Satheesh Madhav And Anr v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's refusal to grant a patent for an invention related to a bio-bed and method for growing Vigna radiata plants. The initial objections included lack of inventive step, non-patentable subject matter (Section 3(h)), and clarity issues. Although some objections were dropped, the final refusal was based on Section 2(1)(ja) and Section 3(d).
M/S Veda Seed Sciences Pvt Ltd v.Kohinoor Seed Fields India Pvt Ltd
The Delhi High Court dismissed the appeal filed by Veda Seed Sciences against an interim trademark infringement order. The court affirmed that Kohinoor Seed Fields was the prior adopter and registrant of the marks 'SADANAND', 'TADAAKHA', and 'BASANT'. Despite Veda's later registration, the court found their use was dishonest, stemming from a marketing agreement where they acknowledged ownership by Kohinoor. The injunction restraining Veda from using these trademarks remains in effect.
FMC Corporation & Ors. v.Natco Pharma Limited
FMC Corporation appealed an order that rejected its application for a permanent injunction against Natco Pharma Limited. FMC alleged that Natco's process for manufacturing Chlorantraniliprole (CTPR) infringed their patented method IN 298645, claiming equivalence between the processes. The Delhi High Court dismissed the appeal, finding no infringement because the use of thionyl chloride by Natco was not equivalent to sulfonyl chloride in the suit patent.
Kohinoor Seed Fields India Pvt. Ltd. v.Veda Seed Sciences Pvt. Ltd. & Anr.
The Delhi High Court issued an order in the trademark dispute between Kohinoor Seed Fields India Pvt. Ltd. and Veda Seed Sciences Pvt. Ltd. The court noted that the Plaintiff had filed a suit seeking infringement and passing off of its registered trademarks. Consequently, the matter was scheduled for listing before the appropriate bench on December 6, 2022, to continue the ongoing litigation.
Krbl Limited v.Ashok Kumar
Krbl Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark, 'INDIA GATE with device of INDIA GATE', which is used in the business of rice. The court found that Defendant No. 1 was fraudulently using the trademark through an impugned website and domain name, leading to unauthorized sales and collection of money.
FMC Corporation & Ors. v.GSP Crop Science Private Limited
FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
FMC Corporation v.Insecticides India Limited
The Plaintiffs filed an application seeking a permanent injunction against Insecticides India Limited, alleging that the Defendant was infringing their patent (IN'645) by using a patented method for preparing the insecticide CTPR. The court examined whether the Defendant's process was equivalent to the claimed invention.
Krbl Limited v.Smerkato
Krbl Limited filed a suit seeking permanent injunction against Smerkato for infringing its well-known trademark 'INDIA GATE' with device, which is used in relation to rice. The plaintiff demonstrated extensive use, goodwill, and acquired rights in the mark. The court found that the defendants were infringing the plaintiff's rights and granted a decree of permanent injunction.
FMC Corporation v.The Controller Of Patents
FMC Corporation appealed the rejection of its patent application for 'HERBICIDAL MIXTURES' based on procedural grounds, primarily the failure to file timely written submissions. The High Court noted that while the applicant was responsible for delays, the original order lacked proper reasoning and considered the merits of the case. Consequently, the appeal was allowed in terms of remanding the matter back to the Controller for fresh consideration.
Safex Chemical India Ltd. v.The Controller of Patents & Designs
Safex Chemical India Ltd. challenged the Controller's decision to grant a patent for a 'Novel Agricultural Composition,' arguing that the Petitioner was denied natural justice because they were not informed about the allowance of Respondent No. 2's amendments before the pre-grant opposition hearing. The petitioner contended this procedural lapse rendered the granted patent invalid. However, the Bombay High Court ultimately disposed of the Writ Petition, noting that the petitioner had already availed and was actively pursuing the alternate remedy under Section 25(2) of the Patents Act.
BASF SE v.GSP CROP SCIENCE PRIVATE LIMITED
BASF SE filed a suit seeking enforcement of its patent (IN 271338) covering a crystalline complex used in agriculture, which is commercially sold under the mark 'XELORA'. The dispute arose because the Defendant obtained registration for a similar combination product. After considering the parties' submissions and undertakings, the court decreed the suit based on the defendant's commitment not to launch the infringing product until the patent expires or is invalidated.
Dow Agrosciences Llc v.The Controller Of Patents
Dow Agrosciences Llc filed an appeal challenging the rejection order dated September 9, 2020, concerning its patent application for 'ENDPOINT TAQMAN METHODS FOR DETERMINING ZYGOSITY OF COTTON'. The case was listed before the Delhi High Court after being transferred from the IPAB due to the Tribunals Reforms Act, 2021.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd.
The court heard several applications filed by Gsp Crop Science Private Limited, including an application seeking interim injunction and discovery. The Petitioner sought protection against the Respondents interfering with its business related to the process claimed in patent IN 252004.
Fmc Corporation v.Natco Pharma Limited
The suit sought a permanent injunction against Natco Pharma Limited for infringing FMC Corporation's patent IN'645, which covers a method for preparing the insecticide CTPR. The court examined the processes used by both parties and relied on scientific advisor reports. Ultimately, the court found that the competing processes were distinct and not 'equivalent', allowing Natco to launch CTPR.
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.
Aasik Jindran v.Mohammad Rafiq
Aasik Jindran, proprietor of M/s GBL Agro Equipments, filed a petition challenging an earlier commercial court order. The dispute centered on the use of the brand name 'GBL' for agricultural goods by Mohammad Rafiq, which Jindran claimed infringed his registered trademarks and copyrights. While the trial court had granted injunction against 'GBL', Jindran sought an extension to include restraint against the similar mark 'SGBL'.
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.
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