My Lord, Nuziveedu infringed Monsanto’s patent ?
“Technically complex suit. We leave open all questions of fact and law to be urged for consideration in appropriate proceedings. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence. There is no gain saying that the issues raised were complicated requiring technological and expert evidence with regard to issues of chemical process, biochemical, biotechnical and micro-biological processes. In view of the importance of the question involved, we expect the parties to cooperate and facilitate the Learned Single Judge in early disposal of the suit.”
– Hon’ble Justice Navin Sinha, Monsanto Technology LLC v. Nuziveedu Seeds Ltd., [Civil Appeal Nos. 4616-4617 of 2018].
The scientific issues involved are, to be sure, not easily understood in this case. Supreme Court Judges are not subject matter experts; the chance of oversight or improper appreciation absolutely does exist, and the consequences of such oversight are considerable. Judgments rendered so far have been a huge disappointment.