JUDGMENT :

1. This order disposes of IA 5801/2021 in CS (Comm) 69/2021 and IA 5816/2021 in CS (Comm) 611/2019.

2. Both these suits, instituted by M/s FMC Corporation, allege infringement, by the defendants, of Indian patents IN 201307 (“IN 307”) and IN 213332 (“IN 332”), held by the plaintiff. Of these, IN 307 is a product patent and IN 332 is a process patent. The plaints allege that the defendants are intending to launch Chlorantraniliprole (“CTPR”), which is specifically covered and disclosed in IN 307 and IN 332, held by the plaintiff. The proposed action of commercially manufacturing and launching CTPR would, therefore, according to the plaint, infringe IN 307 and IN 332. The plaint, therefore, prays for a permanent injunction against the defendants from dealing in any product which could infringe IN 307 or using any of the processes claimed under IN 332.

3. The defendants’ case, in opposition to the case set up by the plaintiff, is that CTPR stands covered by IN 204978 (“IN 978”), which is a genus/Markush patent held by the plaintiff. The plaintiff has, in response, contended that, even if CTPR is covered by IN 978, it is not disclosed therein. As against this, the defendants co