Bayer Keeps Imidacloprid Patent

Soil-dwelling pests such as the grubs that hatch from beetle eggs are difficult to control because surface-applied insecticides have to penetrate through the turf canopy and thatch layer to reach the target zone.

Bayer CropScience LP, Etigra LLC, Nufarm Americas Inc. and Control Solutions Inc. have settled lawsuits regarding infringement of Bayer’s patent for the pesticide imidacloprid combined with fertilizer.

Imidacloprid is used to combat a wide variety of landscape pests, including emerald ash borer.

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.

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,” said Joshua H. Weeks, head of Bayer’s professional products business. “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.”