FMC Corporation, a leading global agricultural sciences company, announced the Hangzhou Intermediate People’s Court in Zhejiang Province, China, granted FMC a permanent injunction against Hangzhou Udragon Chemical Co., Ltd and Zhejiang Udragon Bioscience Co., Ltd (collectively “Udragon”). The Court found Udragon infringed on FMC’s patent for a key intermediate chemical used in the manufacturing of chlorantraniliprole by conducting field trials, attending trade fairs and distributing samples of products manufactured using FMC’s patented intermediate.
The permanent injunction restrains Udragon from manufacturing, using and selling any product which contains a specific patented intermediate chemical used to make chlorantraniliprole, FMC’s leading insect control active ingredient. The court also ordered the China-based crop protection manufacturer to compensate FMC for related damages.
“We are pleased with the Court’s decision, which reflects its understanding of the issues impacting the crop protection market and the importance of respect for patents – including patents covering intermediate chemicals – in China,” said Michael Reilly, FMC executive vice president, general counsel and secretary. “The principles decided by the Court are also significant for future infringement actions where defendants attempt to rely on the so-called ‘Bolar exemption,’ a legal exemption in the pharmaceutical industry, to avoid infringement of valid intellectual property in the agrochemical segment.”
FMC has invested heavily in the research, development and commercialization of chlorantraniliprole, a proprietary, breakthrough technology designed to control a wide variety of destructive insects that can destroy a farmer’s crops and dramatically lower food production. The company maintains an extensive patent estate for its proprietary chlorantraniliprole technology, including patents that cover active ingredient composition of matter, manufacturing processes, intermediate chemicals, formulations and other areas protected by intellectual property laws in the U.S., China, India, and other important agricultural markets throughout the world. FMC markets its products that contain chlorantraniliprole under several brand names around the world, including Rynaxypyr® active, Altacor® insect control, Coragen® insect control, Ferterra® insect control, Premio® insect control and Prevathon® insect control.