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Sign up now !Monsanto Company v Coromandel Indag Products Pvt. Ltd.
[1986 SCC (1) 642, 1986 AIR 712, 1986 SCR (1) 120]
Coram: Division Bench comprising of Hon’ble. Justice O. Chinappa Reddy and Hon’ble Justice E.S. Venkataramiah
Forum: Hon’ble Supreme Court
Case No.: Civil Appeal No. 1490 of 1984
Date of Decision: January 14, 1986.
Conclusion
Facts:
- Monsanto Company (Plaintiff-Appellant), based in Missouri, United States of America, had the patent for the invention titled 'Phytotoxic Compositions' and 'Grass Selective Herbicide Compositions,' featuring the active ingredient 'Butachlor.'
- The second Plaintiff, a subsidiary of the first Plaintiff, was an Indian-registered company engaged in manufacturing and marketing.
- Coromandel Indag Products Pvt. Ltd. (Respondent) attempted to market a formulation of Butachlor which according to them was covered by the Plaintiff's patents.
- Hence, the plaintiff filed a suit for an injunction to restrain the Respondent from infringing their patent.
Background/ Procedural Posture:
Aggrieved by the decision of the Appellate Bench of the Madras High Court, the matter was appealed by the Appellant (Monsanto Company) before the Division Bench of Hon’ble Supreme Court.
Main Issue:
Can a patent be revoked if it was previously known to the public?
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