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2021 Supreme(Del) 392

C.HARI SHANKAR
FMC Corporation – Appellant
Versus
Best Crop Science LLP. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Sandeep Sethi, Sr. Adv. with Mr. Sanjay Kumar, Ms. Arpita Sawhney, Mr. Arun Kumar Jana, Mr. Harshit Dixit and Mr. Priyash Sharma, Advs.
For the Defendant : Mr. Gopal Subramanium, Sr. Adv. with Dr. Shilpa Arora,, Mr. Siddharth Chopra, Ms. Sneha Jain, Dr. Amitavo Mitra, Dr. Victor Vaibhav Tandon, Ms. Shruti Jain, Ms. Hima Lawrence, Mr. Jayavardhan Singh, Advs.

JUDGMENT :

1. This judgment disposes of IA 15352/2019 in CS(Comm) 611/2019 and IA 2084/2021 in CS(Comm) 69/2021. The captioned application has, in each case, been filed by the common plaintiff FMC Corporation (who would be referred to, in this judgment, as “the plaintiff”), against the defendant Natco Pharma Ltd in CS(Comm) 611/2019 and against the defendant Best Crop Science LLP in CS (Comm)69/2021, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

2. In each case, the plaintiff asserts its product patent IN 201307 (“IN’307”, in short) and its process patent IN 213332 (“IN’332”, in short), which relate to the product Chlorantraniliprole (also known as “CTPR”) and the process for the preparation thereof. The plaintiff alleges that the defendants are proposing to infringe the suit patents by manufacturing and releasing, in the market, their own CTPR products, even while the suit patents continue to be alive and without obtaining any license from the plaintiff. Injunction, against the defendants from doing so has, therefore, been sought in the plaints.

3. The applications under Order XXXIX of the CPC, which this judgment disposes of, seeks interim injunction ag

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