Summary :
- The Hangzhou Intermediate People’s Court in Zhejiang Province, China, awarded FMC a permanent injunction against Hangzhou Udragon Chemical Co., Ltd and Zhejiang Udragon Bioscience Co., Ltd, according to FMC Corporation, a prominent worldwide agricultural sciences firm (collectively “Udragon”).
- By conducting field experiments, visiting trade shows, and distributing samples of items made with FMC’s patented intermediate, the Court held Udragon infringed on FMC’s patent for a critical intermediate chemical utilised in the synthesis of chlorantraniliprole.
- Chlorantraniliprole is a human-made insecticide. It is in a class of pesticides called anthranilic diamides. It controls moth and butterfly caterpillars or larvae, as well as some beetles and “true” bugs like aphids and spittlebugs
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.
FMC Corporation Wins Patent Infringement Case Against Udragon for Chlorantraniliprole
About Chlorantraniliprole
Structure of Chlorantraniliprole
Chlorantraniliprole is a carboxamide resulting from the formal condensation of the carboxylic acid group of 3-bromo-1-(3-chloropyridin-2-yl)-1H-pyrazole-5-carboxylic acid with the primary amino group of 2-amino-5-chloro-N,3-dimethylbenzamide. The first of the anthranilic diamide insecticides, it is a ryanodine receptor activator
- IUPAC Name-5-bromo-N-[4-chloro-2-methyl-6-(methylcarbamoyl)phenyl]-2-(3-chloropyridin-2-yl)pyrazole-3-carboxamide
- Indication -Insecticide
- CAS No– 500008-45-7
- Crop Used – to protect a wide variety of crops, including corn, cotton, grapes, rice and potatoes. It has a role as a ryanodine receptor agonist.
- Mechanism of Action -Chlorantraniliprole has a unique mode of action, activating the unregulated release of internal calcium stores, which leads to Ca2+ depletion, feeding cessation, lethargy, muscle paralysis, and insect death
It is an organobromine compound, a member of pyridines, a member of pyrazoles, a pyrazole insecticide, a member of monochlorobenzenes and a secondary carboxamide.
“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. 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 U.S., China, India, and other important agricultural markets throughout the world. FMC markets its products that contain chlorantraniliprole under several brand names around the world, including Rynaxypyr® active, Altacor® insect control, Coragen® insect control, Ferterra® insect control, Premio® insect control and Prevathon® insect control.
“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.”
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 while protecting 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