Pradeep Sharma & Anr v. UPL Ltd.

This is a judgement by the Delhi High Court in April 2018 where the plaintiff sued the defendants alleging that their patents were being infringed by the defendant. The plaintiff (UPL Ltd.) was granted 3 patents:

• IN 206130: "a chemically stable synergistic herbicidal composition" (a product patent)
• IN 194225: "a process of preparing a chemically stable synergistic herbicidal composition"  (a process patent) and
• IN 244551: "a stable synergistic herbicidal composition" ( a product as well as a process patent)

It was claimed by the plaintiff that the compounds "Metsulfuron Methyl and Sulfosulfuron" provide utility in controlling weeds without affecting or damaging the crop. Further, Metsulfuron only controls grassy weeds and is ineffective and lacking control when it comes to broadleaf weeds while Sulfosulfuron controls broadleaf weeds and lacks control over grassy weeds. The compounds lack compatibility physically and chemically. The plaintiff contended