GSP Crop Science, a leader in the agrochemical business has received the clearance from Delhi High Court to manufacture and sell Chlorantraniliprole (CTPR), which is an insecticide product in India. The 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 Court held IN’004 (suit patent) prima facie invalid on grounds of prior claiming and proceeded to impose a cost of Rs. 200,000 on FMC for their attempting a monopoly and for the many material misrepresentations and suppressions by them before the Court and the patent office. With this fresh direction, GSP Crop will now manufacture and sell CTPR.
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The suit was filed by FMC Corporation, USA and its two group companies i.e. FMC Agro Singapore and FMC India 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. 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 insecticide has a bottom-up intake and transportation in plants and effectively penetrates plants from root to stem.
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On this significant judgement, 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. With the Honorable Delhi High Court clearing us to make the product affordable and easily accessible to the farming community of India, GSP promises to provide as we have in the past best quality product for our customers.”
FMC India did not make any comment on the details of the litigation.
