This case involves a patent infringement dispute between Sulphur Mills Limited (Plaintiff) and Dharmaj Crop Guard Limited (Defendant) before the Delhi High Court. Sulphur Mills Limited filed a suit claiming that the Defendant was infringing on its patent related to a sulphur-based formulation.
The proceedings encompass multiple procedural steps including the filing of written statements, counterclaims, and interim relief applications.
The Defendant initially sought condonation of delay in filing its written statement, which the Court condoned, allowing the case to proceed smoothly. The Court directed the parties to submit affidavits, file counterclaims, and undertake undertakings related to the withdrawal of opposition filings before the Patent Office.
Important aspects was this Defendant was not allowed to pursue post grant notice of opposition and cointer claim simultaneously. The Defendant's counter claim was entertained subject to withdrawal of post grant notice of opposition.
Case Title: Sulphur Mills Limited Vs Dharmaj Crop Guard Limited
Date of Order: December 20, 2018
Case Number: CS (COMM) 1225/2018
Court Name: Delhi High Court
Judge Name: Justice Prathiba M. Singh