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Supreme Court of India 2019-01-08 remanded

Monsanto Technology LLC Thru The Authorised Representative Ms. Natalia Voruz & Others vs Nuziveedu Seeds Ltd. Thru The Director & Others

Bench: 2 — Navin Sinha

In Brief

Monsanto Technology LLC sued to restrain Nuziveedu Seeds from using genetically modified Bt cotton technology protected by a registered patent. The trial court granted interim relief requiring the parties to observe their sub-licence obligations. The Division Bench, however, summarily upheld the defendant's counter-claim for patent revocation under Patent Act Section 3(j), finding the claims excluded as plant varieties. The Supreme Court reversed, holding that patent validity involving complex biotechnology issues cannot be decided summarily without evidence and expert testimony. The Court restored the trial court's order and remanded the suit for full adjudication, emphasizing that complicated patent disputes require formal trial procedures, not abstract document review.

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Intellectual Property Law Patent Law Biotechnology Patents Plant Varieties Civil Procedure Interim Injunctions Genetic Engineering DNA Sequences

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