Protecting Innovation: GSP Crop Science Secures Court Injunction Against ‘Pendamic’.

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GSP Crop Science Ltd., holder of Indian Patent No. IN 384184 for a novel liquid herbicide formulation (Pendimethalin + Metribuzin), has secured interim relief from the Delhi High Court, which restrained General Crop Science Pvt. Ltd. and others from dealing in its infringing product “Pendamic”.

• Patent IN 384184, granted December 13, 2021, covers a suspo emulsion containing 10–40% w/w Pendimethalinand 1–10% w/w Metribuzin, with ratios between 1:1 and 25:1.
• GSP commercialised it as “Platform” in 2020 and obtained a 9(3) registration under the Insecticides Act in 2023 for the specific 35% + 3.5% formulation.
• In November 2023, GSP discovered Pendamic, launched by General Crop, copied both the formulation and dosage ratiothe label indicated an identical suspo-emulsion composition falling within GSP’s patent scope.
• Delhi High Court (order dated 19 January 2024) found a strong prima facie case of literal patent infringement.
• The court flagged that “Pendamic” obtained a 9(4) “me-too” registration only after GSP’s protected registrationindicating knowledge of the patented formulation .
• The balance of convenience favored GSP due to potential irreparable harm and risk of market displacement by a copycat product .
• Using the established “triple test,” the court issued an ex parte ad interim injunction, restraining General Crop and affiliates from dealing in any product infringing GSP’s patent, pending further hearings.
• The suit was filed as CS(COMM) 55/2024.
• Listed initially for joint registrar to mark exhibits on 20 March 2024.
• Later scheduled before the full court for issue framing, with forthcoming hearings and compliance timelines now pending.