Monsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.

Relevant Acts and provisions

Code of Civil Procedure, 1908

Section Order XXXIX Rule 1

Patents Act, 1970

Section 3(j)Section 64

Provisions considered: Section 3(j) and Section 64 of the Patents Act, 1970, read with Order XXXIX of the Code of Civil Procedure, 1908.

Brief facts

Monsanto licensed its patented Bt cotton technology to Nuziveedu Seeds under a sub-licence providing for trait fees. After Monsanto terminated the agreement over a trait-fee dispute, it sued Nuziveedu for patent infringement and sought an interim injunction. Nuziveedu counter-claimed for revocation, contending the patent was barred by Section 3(j) as a biological process.

Keywords

Biotechnology Patent Counter-claim Interim Injunction Patent Eligibility Section 3(j) Summary Adjudication