FMC Corporation vs Best Crop Science LLP

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Table of Content
1. patent infringement claims and defenses (Para 2 , 3 , 4)
2. public interest and economic impact arguments (Para 12 , 13 , 14)
3. importance of enforcement of patent rights (Para 17 , 18 , 19)
4. consequences of allowing allegedly infringing products (Para 21 , 22)
5. court’s procedural direction for expeditious hearing (Para 24 , 25 , 26)

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 pr

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DELHI HIGH COURTC.HARI SHANKARFMC Corporation – AppellantVersusBest Crop Science LLP – Respondent

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