A bench of Justices S Ravindra Bhat and Yogesh Khanna partially allowed the counter-claims of three Indian seed companies that Monsanto does not have a patent for its BT cotton seeds, a genetically modified variant which resists bollworms.
The court also upheld the decision of a single judge on the issue of trait fee payable to Monsanto by the three Indian companies -- Nuziveedu Seeds Ltd, Prabhat Agri Biotech Ltd and Pravardhan Seeds Private Ltd -- under the sub-licence with them.
Both sides had challenged the single judge's order before the division bench.
Monsanto had challenged the single judge's decision reinstating a sub-licence between it and the three Indian seed companies, which the foreign entity had terminated.
The high court declined to keep the operation of its decision in bench, but granted the US company a certificate of fitness to file an appeal in the apex court.
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