Court imposes a cost of Rs 2,00,000 on FMC for their attempts at ever-greening their monopoly
GSP Crop Science, one of India’s first agrochemical company to manufacture and sell Chlorantraniliprole (CTPR), an insecticide product to protect sugarcane, rice, soyabean, pulses and vegetables, received a go-ahead from Delhi High Court for manufacturing and marketing CTPR in India.
The Delhi High Court, dismissed FMC’s application for interim injunction in CS (Comm) 662/2022 (FMC Corporation vs GSP Crop Science) thereby clearing the way for GSP’s launch of its CTPR product.
The Court held IN’004 (suit patent) prima facie invalid on grounds of prior claiming and proceeded to impose a cost of Rs 2,00,000 on FMC for their attempts at ever-greening their monopoly and for the many material misrepresentations and suppressions by them before the Court and the Patent Office. With this fresh direction, GSP Crop will now manufacture and sell CTPR under Make in India Initiative to benefits the farmers and customers at large.
The suit was filed by FMC Corporation, USA and its two group companies, FMC Agro Singapore Pvt Ltd and FMC India Pvt Ltd seeking inter alia, an injunction restraining the infringement of Indian Patent Number IN252004 titled “Method for Preparing Fused Oxazinones from Ortho-Amino Aromatic Carboxylic Acid and a Carboxylic Acid in the presence of a Sulfonyl Chloride and Pyridine” against Ahmedabad based GSP Crop Science Ltd.
On this significant win, Bhavesh Shah, managing director of GSP Crop Sciencesaid, “GSP is delighted to provide the Indian market with CTPR (Chlorantraniliprole) under the brand name Helipro and Ballot. With the Delhi High Court clearing us to make the product affordable and easily accessible to the farming community of India. GSP promises to provide as we have in the past best quality product for our customers”.