fotokostic /
5 February 2018

BASF accuses pesticide producer of patent infringement

Agrochemical company BASF has filed a patent infringement claim against pesticide maker Willowood US over a fungicidal chemical.

The lawsuit, filed at the US District Court for the District of Colorado on Friday, February 2, involved Willowood’s use of the chemical pyraclostrobin, which is used to kill fungi.

BASF said it has “spent substantial resources researching and ultimately developing pyraclostrobin” for use in disease control and plant heath in crops.

Willowood was accused of infringing BASF’s US patent number 7,816,392, called “Crystalline modifications to pyraclostrobin”, and 6,133,451, called “Method for producing 2-(3-pyrazolyl-oxymethylene) nitrobenzenes”.

Patent number ‘392 covers various processes for manufacturing the pyraclostrobin chemical compound, while patent number ‘451 covers the process for preparing nitrobenzene derivatives.

In 2002, BASF received a registration from the US Environmental Protection Agency (EPA) for its pyraclostrobin technical product. The company has sold and marketed various pyraclostrobin products under the brand names Insignia, Cabrio EG, and Stamina.

BASF alleged that Willowood had obtained registrations from the EPA for the fungicides Willowood Pyrac 2SC and Willowood Pyrax 2EC in 2016.

According to the agrochemical company, BASF and Willowood have been in communications since July 2016 regarding the ‘392 patent.

The claim said that although Willowood stated it would provide samples of its products, BASF has not received any.

BASF is seeking damages and injunctive relief against Willowood.

In September 2017,  LSIPR  reported that agribusiness Syngenta had secured almost $1 million in damages after Willowood was found to have committed patent infringement.

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