FMC wins patent infringement case against 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

Leading agricultural sciences company FMC Corporation announced the Hangzhou Intermediate People's Court in Zhejiang Province, China, granted FMC a permanent injunction against Hangzhou Udragon Chemical Co. and Zhejiang Udragon Bioscience Co. (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.

"Intellectual property rights are an essential tool for continued innovation in the crop protection market and thus serve the interest of growers, customers, investors, employees, suppliers and partners," said Pramod Thota, interim president for FMC's Asia Pacific Region and president of FMC U.S.A. "This decision reinforces the value of our commitment to bring innovation to growers in China and around the world."