06 December 2022, New Delhi: FMC Corporation suffered a defeat on Monday when the Delhi High Court affirmed its single judge’s decision allowing Natco Pharma to launch the insecticide Chlorantraniliprole (CTPR), claiming it does not violate the patent of the US agrochemical business.
A division bench composed of justices Vibhu Bakhru and Amit Mahajan rejected the appeal of the FMC Corporation and its subsidiary FMC Agro Singapore Pte and refused to reconsider its single judge’s initial determination that the two processes were distinct. According to the statement, the usage of thionyl chloride (used by Natco) could not be viewed as being equivalent to the element of sulfonyl chloride (used by FMC) in the suit patent after the single judge had evaluated the process’s components.
The Division Bench also ordered FMC to pay Natco 2.70 lakh in costs, which are due in two weeks.
The judge ruled on September 19 that the FMC patent technique was not violated because the chemicals, sulfonyl chloride and thionyl chloride, perform diverse and distinct roles in carrying out the same work and getting almost the same outcome.
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