Latest Patent Cases in 2021 – Part 3

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Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr.

In this case involving a patent with respect to an agricultural fertilizer composition, the Delhi High Court granted an interim injunction in favour of the patent holder. In a comprehensive and well written judgment, Justice Pratibha Singh rejected the defendant’s plea of prima facie patent invalidity based on a preexisting patent of the patent holder. Justice Singh came to the prima facie conclusion that the patented invention was novel and inventive because it used higher percentage of sulphur and smaller particulate size compared to the prior patent of the patent holder. She pointed out that there is no teaching, suggestion or motivation in the prior patent to arrive at the patented invention. She referred to the standard of the person in the know put forth by the Delhi High Court in a recent case, and stated that the invention would be non-obvious despite the said standard. As the defendant failed to make out a prima facie case of invalidity, the Court granted an interim injunction in favour of the plaintiff.

Citation: Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr., Decided by the Delhi High Court on 2nd  August, 2021, available at: Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr. , visited on 4th August, 2021.

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