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2021 Supreme(Del) 452

PRATHIBA M. SINGH
Sulphur Mills Limited – Appellant
Versus
Dharamaj Crop Guard Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Hemant Singh, Mr. Hari Subramaniam, Ms. Mamta Jha, Mr. Ankit Arvind, Mr. Sanuj Das, Ms. Mamta Bhadu.
For the Defendants : Mr. Akhil Sibal, Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Nikhil Chawla, Ms. Shriya Misra.

JUDGMENT :

PRATHIBA M. SINGH, J.

I.A. No. 15243/2018 in CS (COMM) No. 1225/2018

1. The present suit has been filed alleging infringement of Indian Patent Number 282429 (hereinafter, “IN’429”) granted in favour of the Plaintiff. The patent relates to a “Novel Agricultural Composition.”

2. The elements of IN’429, as claimed, are:

    (i) a novel agricultural composition for application to soil.

(ii) an agricultural composition that converts sulphur to its sulphate form instantly to be available for uptake by the plants.

(iii) an agricultural composition comprising an effective amount of a sulphur active ingredient in a range of 82% to 98% (w/w) and at least one dispersing agent in the range of 2% to 18% (w/w).

(iv) wherein the composition is in the form of water dispersible granules and the said water dispersible granules are in a size range of 0.1 to 2.5 mm and comprise particles in the size range of 2 microns to 12 microns.

3. The case of the Plaintiff is that in view of the instant conversion of sulphur into sulphate, the sulphate becomes available for immediate absorption by plants. The p

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