natco: HC upholds order allowing Natco Pharma to roll out insecticide CTPR

In a setback to FMC Corporation, the Delhi High Court on Monday upheld its single judge’s order that allowed Natco Pharma to roll out an insecticide Chlorantraniliprole (CTPR), saying it does not infringe the US agrochemical company’s patent.

CTPR is an active ingredient used in pest management products for crops.

Dismissing the FMC Corporation and its subsidiary FMC Agro Singapore Pte’s appeal, a division bench comprising justices Vibhu Bakhru and Amit Mahajan refused to interfere with the preliminary findings of its single judge that the two processes were different. It said the “single judge had examined the elements of the process and had, prima facie, found that the use of thionyl chloride (used by Natco) could not be considered as equivalent to the element of sulfonyl chloride (used by FMC) in the suit patent.

The Division Bench also imposed a cost of ₹2.70 lakh on FMC and is to be paid to Natco within two weeks.
The single judge had on September 19 held that there was no infringement of FMC’s patent process as the reagents – sulfonyl chloride and thionyl chloride – play a different and distinct role in accomplishing the same task and achieving substantially the same result.