The permanent injunction restrains Udragon from manufacturing, using and selling any product which contains a specific patented intermediate chemical used to make chlorantraniliprole
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 and Zhejiang Udragon Bioscience. 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.
Michael Reilly, FMC executive vice president, general counsel and secretary said, “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 commercialisation 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 US, China, India, and other important agricultural markets throughout the world.
