Agriculture — India Patent Cases
157 decisions indexed
Page 5 of 6 · 157 total
Gaur Hari Guchhait & Ors v.Shogun Organics Ltd
The appeal was filed by the original defendants against a decree that found them infringing the plaintiff's patent for the process of manufacturing d-trans Allethrin. The appellants argued that the process was already known due to its registration under the Insecticides Act, 1968. The court dismissed the appeal, holding that product registration does not equate to disclosure of the manufacturing process required for patentability.
Pan Seeds Pvt. Ltd. v.M/S. Kishan Green Field Agritech & Ors.
In this trademark and copyright infringement suit, the defendants challenged the court's jurisdiction over the case. The Calcutta High Court did not immediately rule on the jurisdictional challenge but instead granted the plaintiff an opportunity to file a detailed affidavit in opposition. Furthermore, the court directed the defendants to disclose all sales accounts related to the 'DOUBLE PAAN' trademark from the date of filing, ensuring that the core issues of infringement and jurisdiction would be addressed thoroughly.
Sulphur Mills Limited v.Ms.Seema Rathi
Sulphur Mills Limited filed a civil suit alleging infringement of its patented agricultural composition (Patent No. 282429) against Ms. Seema Rathi and Balaji Agro. The parties subsequently reached an amicable settlement, which the court recorded and decreed.
Pioneer Overseas Corporation v.Chairperson, Protection Of Plant Varieties and Farmers Rights and Ors.
Pioneer Overseas Corporation challenged decisions made by the Protection of Plant Varieties and Farmers' Rights Authority regarding the registration of Kaveri Seeds Limited's maize variety KMH50. Pioneer claimed that KMH50 was identical to its own variety, 30V92, and alleged misappropriation of germplasm. The court set aside several impugned orders and restored Pioneer's application for a DNA profiling test.
Sulphur Mills Limited v.Crop Life Science Limited
Sulphur Mills Limited filed a suit against Crop Life Science Limited alleging infringement of its patented agricultural composition (Patent No. 282429). The parties subsequently reached a compromise and settled their disputes before the Madras High Court.
Monsanto Technology Llc Thru The Authorised Representative Ms. Natalia Voruz & Others v.Nuziveedu Seeds Ltd. Thru The Director & Others
This Supreme Court judgment addressed a dispute between Monsanto Technology LLC and Nuziveedu Seeds Ltd. concerning the use of patented Bt cotton technology ('BOLGARD'). The core issue revolved around whether the defendants' rights were protected under the PPVFR Act, potentially invalidating the patent claims, or if the plaintiffs could enforce their registered patent for infringement. The court ultimately restored a Single Judge's interim injunction and remanded the suit, emphasizing that complex questions of patent validity must be decided after full evidence is adduced during trial.
Arihant Evergreen Agro Plast And Textiles Private Limited v.EPC Industries Limited
The dispute originated from a civil suit filed in 2004 alleging patent infringement. The plaintiff-respondent sought to take product samples on record via Order VII Rule 14 CPC, despite a significant delay of over 11 years. The appellants-defendants challenged this order, arguing the delay was unexplained and irrelevant to determining patent infringement.
Dhanpat Seth And Others v.M/S Nilkamal Plastic Ltd
The plaintiffs filed a suit seeking an injunction and damages, alleging that the defendant infringed their Patent No. 195917 for a device used for manually hauling agricultural produce. The court examined the patent's validity and found that the invention lacked inventive step, as it was merely a substitution of bamboo with plastic in a traditionally known item (Kilta).
Pradeep Sharma & Anr v.UPL Ltd
The petitioner challenged an order restraining him from infringing the respondent's patents related to synergistic herbicidal compositions (Metsulfuron Methyl and Sulfosulfuron). The dispute centered on whether the composition used by the appellant fell within the scope of the plaintiff's patented claims. The court ultimately upheld the Single Judge's finding that prima facie, the defendant's product was covered by the suit patent.
Nuziveedu Seeds Ltd. v.Monsanto Technology Llc
This Delhi High Court judgment addressed complex disputes surrounding Monsanto's patented Bt Cotton technology. Nuziveedu Seeds challenged the patent's validity, arguing it fell under Section 3(j) of the Patents Act, which excludes plant varieties and essentially biological processes from patentability. The court ultimately held that the subject patent was unpatentable, allowing Nuziveedu's counter claim to succeed. However, while dismissing Monsanto's suit for patent enforcement, the court upheld existing contractual obligations regarding trait fee payments under the sub-license agreements.
Upl Limited v.Pradeep Sharma & Anr
Upl Limited filed a suit claiming infringement of three patents related to a stable synergistic herbicidal composition (Sulfosulfuron + Metsulfuron Methyl WG). The defendants challenged the validity of these patents. The court found that the plaintiff had made out a strong prima facie case and granted an interim injunction.
K.Manivannan v.The Chairman Intellectual Property Appellate Board, The Controller of Patent & Designs, M.Mani
The petitioner challenged the validity of Patent No. 204322, granted to M.Mani (the third respondent), arguing that the invention was already publicly available or anticipated by his own earlier work. The petitioner sought revocation of the patent before the High Court.
Monsanto Technology Llc And Ors. v.Nuziveedu Seeds Limited & Ors.
Monsanto Technology LLC and its affiliates filed a suit against Nuziveedu Seeds Limited, alleging infringement of their intellectual property rights. The core dispute revolved around the defendants continuing to market and sell Genetically Modified Hybrid Cotton Planting Seeds despite the termination of sub-license agreements. Plaintiffs claimed violation of both registered patent (No. 214436) and trademarks (BOLLGARD/BOLLGARD II). The court, while addressing interim applications, issued directions mandating the defendants to tender or pay a trait fee, render detailed sales accounts, and comply with licensing guidelines.
Prabhat Agri Biotech Ltd. v.Registrar Of Plant Varieties And Ors.
This Delhi High Court judgment addressed challenges against the validity of Section 24(5) of the Protection of Plant Varieties & Farmers' Rights Act. The petitioners, including Prabhat Agri Biotech Ltd., argued that this section allowed for abusive practices by enabling competitors to challenge genuine proprietary plant varieties. The court found that the unguided nature of the power in Section 24(5) posed a significant danger of abuse, potentially harming innocent breeders and farmers. Consequently, the High Court declared Section 24(5) void.
Devi Cropscience Pvt Ltd v.Sds Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed a suit against Sds Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The defendant submitted that it had stopped manufacturing the product 'Dynamic Super' in November 2015 due to health hazards associated with Nitrobenzene. The court decreed the suit, granting permanent injunctions against the defendant.
Devi Cropscience Pvt Ltd v.SDS Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed suit against SDS Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The court granted permanent injunctions in favor of the plaintiff, provided that the defendant was not manufacturing the product 'Dynamic Super' from November 2015 onwards.
Research Foundation, Sci., Tech. & Eco. & Anr. v.Union of India & Ors.
The petitioners filed a writ petition seeking directions to the Union of India to challenge patents related to wheat in international forums, citing concerns over biodiversity protection and biopiracy. The court noted that the specific patent challenged had since been revoked by the European Patent Office.
United Phosphorus Limited v.Ajay Garg And Another
United Phosphorus Limited filed a suit seeking permanent injunction against infringement of Indian Patents Nos. 190476 and 202013, along with claims for damages. The defendants challenged the court's territorial jurisdiction, arguing that neither party conducted business in Delhi. The Court ultimately ruled that since no part of the cause of action arose within its jurisdiction, the plaint was returned to be filed in the appropriate forum.
Bayer CropScience AG v.The Assistant Controller of Patents and Designs, Government of India
Bayer CropScience AG appealed the Assistant Controller's order rejecting its patent application for long-chain inulin. The rejection was based on a lack of novelty and inventive step, arguing that the compound was merely isolated from artichoke roots. The High Court allowed the appeal, finding that the specific chain length and higher degree of polymerization achieved by fractionalizing the inulin constituted a novel invention with beneficial results.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar of PPVFR Authority which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPV&FR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether the development and sale of hybrid seeds from these parent lines invalidated the novelty claim for the original parental lines.
Maharashtra Hybrid Seed Co. v.Union Of India
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PVPFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Shogun Organics Ltd. v.Union Of India
Shogun Organics Ltd. challenged the authority's power to grant registration under Section 9(4) of the Insecticides Act, 1968, for manufacturing insecticides (D-trans allethrin and Transfluthrin) using a patented process held by the petitioner. The petitioner argued that CIBRC should not allow 'me too' registrations without consent from the patent holder. The High Court dismissed the appeal, holding that the authority is not obligated to consider patent rights when granting registration under Section 9(3) or 9(4).
Ms. Sumathi Chandrashekaran v.Agricultural & Processed Food Products Export Development Authority (APEDA)
Ms. Sumathi Chandrashekaran filed appeals against APEDA for not providing satisfactory information regarding the file pertaining to the Geographical Indication (GI) registration of Basmati rice, including global protection efforts. The Commission ultimately ruled that APEDA had no disclosure obligation because the requested information involved commercially sensitive and subjudice matters.
Maharashtra Hybrid Seeds Co. Ltd v.Uoi And Aors
The petitioner challenged an order directing the Registry to furnish certified copies of its plant variety registration applications to a competitor (Respondent No. 3) upon request under Form PV-33. The petitioner argued that the application contained confidential information and disclosure would harm its competitive position. The court dismissed the petition, holding that the provisions of the Act mandate public disclosure of such documents.
Low Heat Driers Pvt.Ltd v.Biju George
The petitioner, Low Heat Driers Pvt.Ltd, sued Biju George for infringement of its patented device for smoke drying agricultural products (Patent No. 176771). The plaintiff sought a permanent prohibitory injunction and damages. However, the court found that the plaintiff failed to prove infringement by the defendants.
NEW NANDI SEEDS CORPORATION v.CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS & 3
The petitioner challenged the actions of the Controller General of Patents, Designs and Trade Marks, alleging that the authority acted without jurisdiction and violated natural justice. Specific grievances included the lack of notice before transferring proceedings (Application No. 1328538) and issuing a Certificate of Registration while an opposition was pending.
The v.Milap Chand & Co
The plaintiff, a company manufacturing 'Rubber Track Combine Harvester', filed suit and applications alleging infringement of its copyrights (in drawings/parts) and registered designs by the defendant. The dispute centered on whether the defendant's similar harvester machine violated the plaintiff's IP rights.
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