May 2008
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Bayer Environmental Science patent rights for imidacloprid on fertilizer affirmed
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RESEARCH TRIANGLE PARK, N.C. -- Bayer CropScience LP, Etigra LLC, Cary, N.C., Nufarm Americas, Inc., Burr Ridge, Ill. as successor to the assets of Etigra, and Control Solutions, Inc., Pasadena, Texas announced today that the companies have settled lawsuits regarding infringement of Bayer’s patent for the pesticide imidacloprid on fertilizer. The parties have acknowledged that Bayer’s patent is valid and enforceable. Furthermore, Etigra has acknowledged the validity of Bayer's copyrights.
Also included is the acknowledgment of Bayer’s patent rights by Frick Services, Inc., Wawaka, Ind., a party in the Control Solutions litigation.
Etigra, Control Solutions, and Frick Services are endeavoring to recall infringing imidacloprid product.
Bayer filed suit in February 2008 against Control Solutions in the U.S. District Court for the Eastern District of North Carolina citing infringement of U.S. Patent No. 5,783,203. Bayer’s litigation in regard to Etigra’s actions was filed in the same U.S. district court in March 2007.
Under the terms of a previous settlement agreement Nufarm and its business partners have been granted freedom to operate under the patent for imidacloprid on fertilizer , including the ability to commercialize products incorporating the patented technology .
“Bayer is pleased that the validity of its imidacloprid on fertilizer patent has again been affirmed,” stated Joshua H. Weeks, head of the Professional Products business for Bayer Environmental Science in North America. “Research efforts from companies like Bayer CropScience are based on a foundation of respect for intellectual property rights,” Weeks asserted. “This respect enables the significant investments needed to generate future technical innovations.”
Bayer Environmental Science, a business unit of Bayer CropScience, is a leader in environmental science and provides innovative products to professionals and consumers for turf and ornamentals, termite control, general insect control and vector control applications.
Bayer is a global enterprise with core competencies in the fields of health care, nutrition and high-tech materials. Bayer CropScience AG, a subsidiary of Bayer AG with annual sales of about EUR 5.8 billion (2007), is one of the world’s leading innovative crop science companies in the areas of crop protection, non-agricultural pest control, seeds and plant biotechnology. The company offers an outstanding range of products and extensive service backup for modern, sustainable agriculture and for non-agricultural applications. Bayer CropScience has a global workforce of about 17,800 and is represented in more than 120 countries.
Nufarm Americas Inc is a subsidiary of Nufarm Limited, a manufacturer, supplier and marketer of crop protection products based in Australia. Nufarm is recognized as one of the leading agricultural and turf chemical manufacturers in the world. Nufarm Americas Inc. formulates products that serve the agricultural, professional, turf, vegetation management and forestry market in the United States.
Control Solutions Inc. is a subsidiary of Makhteshim Agan, the world’s largest manufacturer of generic pesticides. Makhteshim Agan’s headquarters is based in Israel and markets product throughout the world, focusing on Crop and Specialty markets. Control Solutions formulates and markets products in the US, focusing on the Professional Pest Control, Farm and Fleet, Home and garden, and other specialty markets.
Contact Bayer CropScience:
Greg Coffey
phone: (919) 549-2404
e-mail: greg.coffey@bayercropscience.com
Contact Control Solutions:
Mark Boyd
phone: 281-892-2500
Contact Nufarm:
Randall V Canady
phone: 919-342-5171
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