FMC Corporation Granted Interim Injunction Against Agricultural Chemicals Manufacturer Natco for Patent Infringement
chlorantraniliprole (CTPR), Coragen and Ferterra, Rynaxapyr, FMC Corporation, Natco, delhi high court, infringement, patent, india
July 7, 2021 – FMC Corporation, an agricultural sciences company, announced the Delhi High Court today granted the company an interim injunction against NATCO Pharma Limited (“Natco”). The interim injunction restrains Natco from manufacturing, using, distributing, advertising, exporting, offering to sell and/or selling any product which contains chlorantraniliprole (CTPR), FMC’s leading insect control active ingredient.
Natco Pharma is an Indian multinational pharmaceutical company, now forayed into the agrochemical space with products across a broad range of crops with NATCO Crop Health Sciences.
The Hon’ble High Court of Delhi today orally pronounced judgment in the interim injunction application filed by FMC Corporation on CTPR.
In February 2021, Natco Pharma had received registration approval from Central Insecticide Board & Registration Committee for Chlorantraniliprole, an active ingredient used in pest management products. Natco would be the first indigenous manufacturer of this technical product, the company had said.
CTPR is an active ingredient used in products commercialised by FMC under their brands Coragen and Ferterra. The sales generated from CTPR containing products in India, inclusive of third-party marketing companies, as per the declaration given by FMC was estimated to be Rs 1,540 crore in 2016. Natco believes the current market size to be over Rs 2,000 crore. It had filed a suit against FMC for a declaration of freedom to use CTPR.
Rynaxypyr is currently one of the bestselling and most effective active ingredients used for fighting chewing pests. It is patent-protected until 2022.
Following Natco’s action, FMC had counter-sued the Hyderabad-based company in Delhi High Court claiming patent infringement.
FMC filed the lawsuit against Natco at the Delhi High Court in October 2019 for potential patent infringement of certain Indian patents covering chlorantraniliprole. FMC sells chlorantraniliprole in India under the trade name Rynaxapyr® active, which is the primary ingredient in Coragen® and Ferterra® insecticides.
Coragen® and Ferterra® insecticides are approved for controlling pests on rice, sugarcane, vegetables, maize as well as other important crops. These insecticides and their patented active ingredients are well known by farmers and recognized for their favorable safety and environmental profile, which has earned them a green label from India’s regulatory body.
“FMC Corporation invests heavily in research and development to bring new innovations to farmers throughout India and around the world. We are deeply committed to ensuring farmers use genuine crop protection products from legitimate sources,” said Michael Reilly, executive vice president, general counsel and secretary of FMC. “We will pursue all appropriate measures as permitted under Indian laws to aggressively defend FMC’s intellectual property and safeguard farmers’ interests.”
For more than three decades, FMC has provided India proprietary insect, disease and weed control technologies to ensure that India’s farmers have access to world-class product technologies, in support of the country’s aspiration to be the world’s leading agricultural producer. The company employs more than 600 people in India and operates six facilities throughout the country including an Innovation Center in Hyderabad.
Natco Pharma slips 6% as Delhi HC allows injunction application by FMC Corp
About Chlorantraniliprole:
Chlorantraniliprole (DPX-E2Y 45) is an innovative insecticide called as anthranilic diamide that is known to be included in a group of compounds, which work on ryanodine receptor (Group 28). Chlorantraniliprole can be categorized as a compound with very low toxicity to aquatic and terrestrial vertebrates. It is likely to cause very limited adverse effects when used in aquatic and terrestrial plants. Such properties of chlorantraniliprole are anticipated to boost the demand in the global market.
Rynaxypyr is currently one of the bestselling and most effective active ingredients used for fighting chewing pests. It is patent-protected until 2022.
About FMC
FMC Corporation is a global agricultural sciences company dedicated to helping growers produce food, feed, fiber and fuel for an expanding world population while adapting to a changing environment. FMC’s innovative crop protection solutions – including biologicals, crop nutrition, digital and precision agriculture – enable growers, crop advisers and turf and pest management professionals to address their toughest challenges economically without compromising safety or the environment. With approximately 6,400 employees at more than 100 sites worldwide, FMC is committed to discovering new herbicide, insecticide and fungicide active ingredients, product formulations and pioneering technologies that are consistently better for the planet.