18 November 2022, India: GSP Crop Science gets the final clearance from Delhi High Court to manufacture and sell Chlorantraniliprole (CTPR), which is an insecticide product in India. The Hon’ble Delhi High Court on 14th November 2022, dismissed FMC’s application for an interim injunction in CS (Comm) 662/2022 (FMC Corporation vs GSP Crop Science) thereby clearing the way for GSP’s launch of its CTPR product.
The Hon’ble Court held IN’004 (suit patent) prima facie invalid on grounds of prior claiming and proceeded to impose a cost of Rs. 2,00,000 on FMC for their attempts at evergreening their monopoly and for the many material misrepresentations and suppressions by them before the Hon’ble Court and the Patent Office. With this fresh direction, GSP Crop will now manufacture and sell CTPR under the Make in India Initiative to benefit the farmers and customers at large.
The suit was filed by FMC Corporation, USA, and its two group companies i.e. FMC Agro Singapore Pvt Ltd and FMC India Pvt Ltd seeking inter alia, an injunction restraining the infringement of Indian Patent No. IN252004 titled “Method for Preparing Fused Oxazinones from Ortho-Amino Aromatic Carboxylic Acid and a Carboxylic Acid in the presence of a Sulfonyl Chloride and Pyridine” against Ahmedabad-based GSP Crop Science Ltd. The FMC Group companies are into manufacturing, marketing, and sales of chemicals including Agrochemicals.
Chlorantraniliprole (CTPR) provides an effective and long duration of insect control with its unique mode of action in crops like sugarcane, rice, soybean, pulses, and vegetables by controlling all Lepidoptera and other species. It is also toxic to insect eggs, larvae, and pupae on contact. CTPR has an excellent bottom-up intake and transportation in plants and effectively penetrates plants from root to stem.
On this significant win, Bhavesh Shah, managing director of GSP Crop Science said, “GSP is delighted to provide the Indian market with CTPR (Chlorantraniliprole) under the brand name Helipro and Ballot. The Honorable Delhi High Court has given us a go-ahead to make the product affordable and easily accessible to the farming community of India. GSP promises to provide best quality product for our customers”.
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