Bayer CropScience successfully defended Imidacloprid patent
Patent infringement lawsuit against UK supplier
Bayer CropScience AG has successfully enforced the patent on imidacloprid (EP 0 192 060), its most successful insecticide worldwide, against Ki-Hara Chemicals Ltd., Birmingham, UK, and its Managing Director. The defendants, who unlawfully sold imidacloprid produced in China to customers in Middle East and Europe, but primarily in Almeria, Spain, were required to pay Bayer CropScience the sum of 225,000 pounds. Said Dr. Ralf-Rüdiger Jesse, Head of patents & Licensing at Bayer CropScience AG: "This case shows our commitment to defend our intellectual property rights, sending a strong signal to any infringers." The case is notable for the fact that orders for liability from the Patents Court were obtained not only against Ki-Hara but also against its Managing Director in person. Furthermore, Bayer CropScience is free to use all documents disclosed in this action, e.g. customer lists and supplier details, to take further steps against other third parties. The active ingredient imidacloprid was developed by Bayer CropScience and belongs to the chloronicotinyl (CNI) class of insecticides. The product is the most successful insecticide worldwide, protecting more than 140 crops against many sucking insects in over 100 countries.
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