Industry Sector

Agriculture — India Patent Cases

181 decisions indexed

Page 6 of 7 · 181 total

patent plaintiff favorable · Jan 8, 2019

Arihant Evergreen Agro Plast And Textiles Private Limited v.EPC Industries Limited

Rajasthan High Court - Jaipur · 192736651

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.

patent plaintiff favorable · Dec 7, 2018

Texmo Industries v.Mr.Kantilal Solanki

Madras High Court · 45009279

The Madras High Court granted summary judgment in favor of Texmo Industries against Mr. Kantilal Solanki, finding clear cases of trademark infringement and passing off. The court determined that since both parties used the identical mark 'TEXMO' on the same product—agricultural pumps—the use by the defendant constituted a direct violation of the plaintiff's registered trademarks (Nos. 315049 and 315050). Consequently, the suit was decreed granting permanent injunctive reliefs to protect Texmo Industries' brand integrity.

patent defendant favorable · Jun 29, 2018

Dhanpat Seth And Others v.M/S Nilkamal Plastic Ltd

Himachal Pradesh High Court · 150941715

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).

patent defendant favorable · Apr 20, 2018

Pradeep Sharma & Anr v.UPL Ltd

Delhi High Court · 178688626

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.

patent mixed · Apr 11, 2018

Nuziveedu Seeds Ltd. v.Monsanto Technology Llc

Delhi High Court · 27725858

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.

patent plaintiff favorable · Feb 21, 2018

Upl Limited v.Pradeep Sharma & Anr

Delhi High Court · 133000108

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.

patent defendant favorable · Aug 18, 2017

K.Manivannan v.The Chairman Intellectual Property Appellate Board, The Controller of Patent & Designs, M.Mani

Madras High Court · 31349297

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.

patent mixed · Mar 28, 2017

Monsanto Technology Llc And Ors. v.Nuziveedu Seeds Limited & Ors.

Delhi High Court · 143517948

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.

patent plaintiff favorable · Jul 6, 2016

Devi Cropscience Pvt Ltd v.SDS Ramcides Cropscience Private Limited

Madras High Court · P187643508

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.

patent plaintiff favorable · Jul 6, 2016

Devi Cropscience Pvt Ltd v.Sds Ramcides Cropscience Private Limited

Madras High Court · 35166652

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.

patent dismissed · Feb 16, 2016

Research Foundation, Sci., Tech. & Eco. & Anr. v.Union of India & Ors.

Supreme Court - Daily Orders · 23894482

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.

patent defendant favorable · May 28, 2015

United Phosphorus Limited v.Ajay Garg And Another

Delhi High Court · 90126753

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.

patent plaintiff favorable · Mar 24, 2015

Rohini Seeds Private Limited v.Reshma Chemicals Private Limited

Andhra HC (Pre-Telangana) · 66797361

The appeal challenged an order that granted a temporary injunction restraining Rohini Seeds Private Limited from using numbers 2222 on its seed packings, based on Reshma Chemicals Private Limited's claim of trademark infringement (R.S.2222). The court found that the plaintiff failed to establish a prima facie case of confusion or irreparable injury.

patent plaintiff favorable · Jan 30, 2015

Bayer CropScience AG v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · 38206976

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.

patent defendant favorable · Jan 9, 2015

Maharashtra Hybrid Seed Co. v.Union Of India And Anr

Delhi High Court · 152641384

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.

patent defendant favorable · Jan 9, 2015

Maharashtra Hybrid Seed Co. v.Union Of India And Anr

Delhi High Court · 114868467

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.

patent defendant favorable · Jan 9, 2015

Maharashtra Hybrid Seed Co. v.Union Of India

Delhi High Court · 129731017

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.

patent defendant favorable · Jan 9, 2015

Maharashtra Hybrid Seed Co. v.Union Of India And Anr

Delhi High Court · 83237727

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.

patent defendant favorable · Jan 9, 2015

Maharashtra Hybrid Seed Co. v.Union Of India And Anr

Delhi High Court · 113473316

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.

patent defendant favorable · Jun 17, 2013

Shogun Organics Ltd. v.Union Of India

Kerala High Court · 168668748

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).

patent plaintiff favorable · Jul 2, 2012

Marvel Tea Estate India Ltd v.Nusun Genetic Research Ltd

Delhi High Court · 146722348

The Delhi High Court granted an interim injunction favoring Marvel Tea Estate India Ltd against Nusun Genetic Research Ltd. Despite arguments regarding different business lines (FMCG tea vs. hybrid seeds) and distinct product categories, the court found that the defendant's use of 'MARVEL' in its seed products created a likelihood of confusion with the plaintiff's established trademark. The injunction restricts the defendant from using the mark 'MARVEL' across Classes 30 and 31 until the final disposal of the suit.

patent defendant favorable · May 17, 2010

Low Heat Driers Pvt.Ltd v.Biju George

Kerala High Court · 166084608

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.

patent interim order · Feb 18, 2010

NEW NANDI SEEDS CORPORATION v.CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS & 3

Gujarat High Court · 1712062

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.

patent interim order · Nov 25, 2009

The v.Milap Chand & Co

Madras High Court · 1762809

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.

patent defendant favorable · Sep 20, 2007

Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.

Himachal Pradesh High Court · 1156538

The plaintiffs appealed against the rejection of their interim relief application seeking to restrain the defendant from infringing Patent No. 195917, which covered a plastic Kilta device for hauling agricultural produce. The defendant argued that the patent was fraudulently obtained and that the invention was merely an old traditional product (Kilta).

patent defendant favorable · Aug 3, 2006

Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.

Himachal Pradesh High Court · 107067

The plaintiffs sought a temporary injunction against the respondent, alleging infringement of Patent No. 195917 for an agricultural hauling device. The court examined the claims and found that the patented device was merely an imitation of the traditional 'Kilta', lacking novelty or inventive step as per Section 2(j) of the Patents Act.

patent plaintiff favorable · Jul 6, 1987

John Richard Brady And Ors. v.Chemical Process Equipments P. Ltd. And ...

Delhi High Court · 1739601

The plaintiffs alleged that the defendants were manufacturing machines ('pushti') that substantially imitated their patented/copyrighted Fodder Production Unit (FPU) and misappropriated confidential technical drawings, designs, and know-how. The plaintiffs sought an ad interim injunction to restrain this infringement and breach of confidence.

patent defendant favorable · Jan 14, 1986

Monsanto Company By Their Patent Agent, De Penning and Depen v.Coramandal Indag Products (P) Ltd.

Supreme Court of India · 1918928

Monsanto challenged Coramandal Indag Products for infringing its patents related to herbicide formulations containing 'Butachlor'. The respondent argued that the patents were liable to be revoked under various sections of the Patents Act, 1970. The Supreme Court ultimately held that Butachlor was publicly known and the process of emulsification was common knowledge, thus revoking the patent.

patent plaintiff favorable · Jan 28, 1972

Prem Nath Mayer v.Registrar Of Trade Marks And Anr.

Calcutta High Court · 623545

Prem Nath Mayer opposed the registration of 'Ma Durga Brand' for agricultural implements, claiming it was deceptively similar to his existing registered trade mark No. 12301. The High Court examined the legal principles governing opposition and deception, ultimately ruling in favor of the appellant.

patent defendant favorable · Dec 1, 1964

V. Manioka Thevar v.Star Plough Works, Melur

Madras High Court · 1302906

The petitioner filed suit alleging infringement of his patent for a specific pattern of plough. The defendant contested the claim, arguing that the pattern was not original but based on prior public knowledge and invention by the defendant. The High Court dismissed the appeals, finding that the plaintiff failed to establish a strong prima facie case due to serious doubts regarding the patent's validity and its recent nature.

Arctic Invent — IP Strategy

Dealing with a patent challenge?

Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.

Talk to our patent team →