SYNGENTA LIMITED AND ANR. vs GSP CROP SCIENCE PRIVATE LIMITED

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 8th January, 2025 I.A. 44420/2024 In + CS(COMM) 87/2020 SYNGENTA LIMITED AND ANR. .....Plaintiffs Through: Mr Adarsh Ramanujan, Mr. Parth Singh, Mr Saif Rahman Ansari, Mr Vivek Kumar and Ms Surabhi Mahajan, Mr. Parth Singh, Advocates. versus GSP CROP SCIENCE PRIVATE LIMITED .....Defendant Through: Mr. G. Nataraj, Mr. Shashikant Yadav and Mr. Rahul Bhujbal, Advocates CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) I.A. 44420/2024 (under Section 151 of the CPC) 1. This application has been filed on behalf of the plaintiffs seeking a direction to the defendant to comply with the Terms of Reference (hereinafter referred to as ‘ToR’) and provide access to the Tier-II Confidentiality Club member of the plaintiffs to the information shared under serial no. 1-8 of the ToR, by the defendant with the Scientific Advisor appointed by the Court. 2. The plaintiffs have initiated the present suit concerning infringement of two process patents granted in favour of the plaintiffs, being Indian Patent Signature Not Verified Digitally Signed CS(COMM) 87/2020 Page 1 of 12 By:DINESH KUMAR Signing Date:10.01.2025 22:10:41 No. 278868 titled “Processes for the preparation of AZOXYSTROBIN using DABCO as a catalyst and novel intermediates used in the processes” and Indian Patent No. 271751 titled “Preparation of AZOXYSTROBIN” (hereinafter, ‘suit patents’). The suit patents are essentially process patents which relate to the technology of manufacture of the active ingredient ‘AZOXYSTROBIN’, a fungicide sold by the plaintiffs under the brand name ‘AMISTAR®’. 3. Along with the suit, an interim injunction application being I.A. 2554/2020 was filed by the plaintiffs seeking to restrain the defendant from selling products