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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: 1 — Navin Sinha

In Brief

This case concerns a patent infringement suit by Monsanto Technology LLC against Nuziveedu Seeds Ltd. over genetically modified Bt cotton technology (BOLGARD II). Monsanto sought injunction and damages for alleged unauthorized use of its patented nucleic acid sequences in cotton seeds. A Division Bench upheld Nuziveedu's counter-claim arguing the patent was excluded under plant variety protection laws. The Supreme Court held that patent validity in biotechnology requires full trial evidence and expert testimony—summary disposal by courts without proper procedure violates procedural law. The Court restored the Single Judge's interim injunction and remanded the suit for full trial, leaving all technical and legal questions of patent scope and exclusions open for substantive adjudication.

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Patent Law Intellectual Property Plant Biotechnology Genetically Modified Organisms Interim Injunction Patent Infringement Patent Revocation Civil Procedure

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