Case Brief for Monsanto Co. v. Coramandal Indag Products Case



Case Brief for Monsanto Co. v. Coramandal Indag Products Case

Court:

Supreme Court of India

Parties:

The petitioner is the Monsanto Company of St Louis, Missouri, that is the parent corporation of Monsanto Company in India. This corporation is claiming that the Coramandal Indag Products, Ltd. has disobeyed on two of the patents of them and the numbers of those patents are 104120 and 125381. Initially, these two patents were utilized in their weed killer, however later on they were essentially deposed to only one patent. The defendant in this case is the Coramandal Indag Products (P) Ltd. This is a company that is of Indian Private Limited that has purportedly and evidently utilized two of the patents of Monsanto Company in their weed killer (Rao, 2010).

Issue:

The Monsanto Company has claimed a suit against the Coramandal Indag Products Company for allegedly infringing the rights of the patents that the Monsanto Company had patented in the month of February in the year of 1979. This patent was under the name “Butachlor” but in reality they did not violated the patent.

The Monsanto Company has acquired a sample product of the Coramandal Indag Products Company and has examined and evaluated it. After the examination and investigation, the results obtained revealed that this product has the same compounds which are found in the product of the Monsanto Company. As a result of this the Monsanto Company has requested the court to uncover the Coramandal Indag Products Company in the infringement of their patents however the Coramandal Indag Products Company has cancelled the patents of Monsanto Company.

Facts:

The invention of formula CP-53619 (also known as Butachlor) by Dr. John Olin has not had the required effects on rice but it has played an instrumental role in the killing of weeds. The ...