FMC Corporation to receive USD 1 Mn for damages arising from patent infringement in China

The court found all the defendants guilty of infringing FMC’s composition of matter patent for a key intermediate to manufacture chlorantraniliprole, FMC’s insect control active ingredient.

FMC Corporation, an agricultural sciences company, announced that the Supreme Court of China (SPC) has ordered several agrichemical manufacturers in China found guilty of patent infringement to pay FMC close to USD 1 million in damages as a result of FMC’s appeal. The amount is among the highest damages awarded in patent infringement suits in China’s pesticide industry in recent times.

In September 2022, the Zhengzhou Intermediate Court in the Henan province of China had ruled in FMC’s favour in a patent infringement lawsuit against Henan Yongfeng Chemical Co., Ltd; Suqian Haide Pharmaceutical and Chemical Co., Ltd; Xinxiang Runyu New Material Technology Co., Ltd; and the individual Wang Shichao (collectively “defendants”). The court found all the defendants guilty of infringing FMC’s composition of matter patent for a key intermediate to manufacture chlorantraniliprole, FMC’s leading insect control active ingredient. All the defendants were ordered to compensate FMC for related damages.

FMC subsequently appealed to the SPC, seeking a higher damage amount. On November 30, 2023, the SPC ordered the defendants to pay FMC approximately USD 1 million in total damages.

“FMC appreciates the Supreme Court and Zhengzhou Intermediate Court protecting FMC’s intellectual property rights in China and requiring infringers such as Henan Yongfeng Chemical Co. Ltd. and the other defendants to compensate patent holders for their acts of infringement. Intellectual property rights encourage the continued innovation of crop protection solutions by recognizing the significant time, money and commitment invested in discovering new active ingredients,” said Michael Reilly, executive vice president and general counsel for FMC. “FMC invests heavily in the discovery of new active ingredients, the development of innovative formulations and biologicals in addition to the advancement of precision and digital agriculture technologies that support sustainable agriculture and improved food security in China and throughout the world.”

The court found all the defendants guilty