Dec. 13, 2007
Bayer CropScience and Nufarm Americas have settled a US lawsuit over alleged infringements of a Bayer patent covering insecticide/fertiliser combinations. Nufarm acknowledges that Bayers patent (No 5,783,203) is valid and enforceable. Both parties have withdrawn all claims and counter claims in the dispute, with settlement terms remaining confidential.
Bayers patent covers combinations of the neonicotinoid insecticide, imidacloprid, with fertiliser and adhesive in the form of sticks, plates, tablets or granules. The technology has "revolutionised insect control on lawns and golf courses, while providing significant application convenience to users", Bayer says.
Nufarm began selling generic versions of imidacloprid in the US as Nuprid on agricultural crops and Mallet for the turf and ornamental sector last year. It claimed to have developed an improved process for applying imidacloprid to fertilisers without infringing Bayers patent.
Nufarms process allowed turf product formulators to use the "well established spray impregnation technique" to apply liquid imidacloprid to fertilisers and granules, the company claimed. These products are registered as Mallet 0.2% on Fertilizer and a range of Mallet granular insecticides. The settlement allows Nufarm and its business partners to use Bayers patented technology and to sell Mallet incorporating the technology onto any fertiliser type, Nufarm says.
Bayer is continuing legal action against the generic pesticide firm, Etigra (Cary, North Carolina), for allegedly infringing the same patent.