Court: Fipronil Insecticides Don’t Infringe BASF, Bayer Patents

The U.S. District Court for the Middle District of North Carolina has ruled in favor of the Makhteshim Agan Group (MAI) regarding litigation initiated by BASF Agro BV and Bayer SAS in April 2010. The Court granted a motion for summary judgment, and found that Makhteshim Agan North America’s (MANA) and Control Solution Inc.’s (CSI) fipronil insecticide product would not infringe the patents remaining in litigation (U.S. Patent Nos. 6,414,010 and 6,825,743).  

In June 2011, MAI’s affiliate CSI launched sales of fipronil-based products under the brand names Taurus for the professional pest control market and Prefurred for companion animal use. MAI’s Taurus is the first major generic version of fipronil, a widely used broad spectrum insecticide, to become available in the U.S.

Shaul Friedland, Head of MAI’s Americas region said: “The addition of fipronil to our product portfolio has strengthened our position as a comprehensive provider of simple effective crop protection and related solutions, and has further broadened our capabilities to supply more solutions to our customers. In creating Taurus, MAI has taken advantage of novel, advanced technologies to design a new manufacturing process these capabilities will continue to support our portfolio expansion. We plan to launch new fipronil-based products to other markets.”

Mark Boyd, President and CEO of CSI, added “We are delighted that the North Carolina Court has ruled in our favor, confirming that our products do not impinge on the patents of any of our competitors. We are proud to lead the industry by offering simple, effective solutions for all uses and pleased with the market reception so far.”

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