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1986 Supreme(SC) 10

G.L.OZA, P.N.BHAGWATI, V.KHALID, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Monsanto Company By Their Patent Agent. De Penning And De Penning – Appellant
Versus
Coramandal Indag Products (P) LTD. – Respondent


Advocates:
A.T.M.SAMPATH, D.SADHASIVAN, F.S.NARIMAN, KAPILA HINGORANI, M.K.RAO, N.H.Hingorani, P.N.Ramalingam, REKHA PANDEY, S.CHELLASWAMY

JUDGMENT

CHINNAPPA REDDY, J.:— The long and grasping hand of a Multi-National Company, the Monsanto Company of St. Lous, Missouri, United States of America, has reached out to prevent alleged infringement of two of their patents (Numbers 104120 and 125381) by the defendant, an Indian Private Limited Company. Though the suit, as initially laid, was with reference to two patents, the suit was ultimately confined to one patent only (Number 125381), the period for which the other patent (104120) was valid having expired during the pendency of the suit. The suit was decreed by the trial court, but was dismissed by the appellate court. The appeal which is now before us has been filed pursuant to a certificate granted by the appellate bench of the High Court on the ground that substantial questions of law of great public importance were involved. The questions, however, were not specified in the certificate. As we see it, we are unable to find any substantial questions of law of great importance. We are afraid both the lower courts misdirected themselves and missed the real substance of the dispute and found themselves chasing the mirage of legal questions which did not strictly arise.

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