Nov. 29, 2017
The jury previously found, as fact, that Willowood's azoxystrobin fungicide products are manufactured using azoxystrobin made by a process protected by Syngenta's valid U.S. Patent No. 8,124,761. Syngenta's '761 patent does not expire until April 15, 2029.
Last week, the Court permanently enjoined Willowood from importing into the United States, or making, using, selling, or offering for sale in the United States, any azoxystrobin or end-use products containing azoxystrobin made using a process that infringes Syngenta's '761 patent.
The Court further concluded that Willowood should not be allowed to use the azoxystrobin previously imported to manufacture fungicide products or to sell any such fungicide products, as such actions would constitute new acts of infringement causing new and additional damages not taken into account by the jury's verdict.
"This injunction is an important win for Syngenta and its customers who depend on Syngenta's innovative products. Without the injunction, Syngenta would be forced to compete against its own patented technology, resulting in lost sales and harmful price erosion, both of which significantly impact our ability to bring needed new products to market," said Jeff Cecil, Syngenta's Head of Crop Protection Marketing.
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