Court rules in favor of RAINBOW AGRO SCIENCES, S.A. DE C.V. in patent infringement case filed by FMC AGROQUIMICA DE MEXICO, S. DE R.L. DE C.V. and FMC CORPORTATION

Date:04-12-2024

On April 4, 2024, the Specialized Intellectual Property Chamber of the Federal Court of Administrative Justice notified RAINBOW AGRO SCIENCES, S.A. DE C.V. ("Rainbow") of its Decision in favor of Rainbow.  In response to Rainbow’s appeal, challenging the admission and merits of the claim that FMC AGROQUIMICA DE MEXICO, S. DE R.L. DE C.V. and FMC CORPORTATION ("FMC") filed against the authorization of Rainbow’s Sanitary Registration RSCO-INAC-0104A-X0583-420-35.0, the Decision concludes  the appeal that Rainbow filed was well founded because FMC does not have any legal interest in filing such a claim, given that the patent that FMC relied on for its claim has expired and belonged to the public domain since 2022, among other things. 

 

Specifically, since May 2023, FMC, through various legal actions, has been requesting the Specialized Chamber of the Federal Court of Administrative Justice declare the nullity of several health registries of pesticides authorized to Rainbow by the Federal Commission for the Protection against Sanitary Risks ("COFEPRIS").  The Decision, along with two other decisions dated October 9, 2023, and March 12, 2024, dismissing FMC’s lawsuits against Rainbow, has clearly shown the bad faith and misguided strategies of FMC's team through the jurisdictional path. 

Regarding the above ruling, Rainbow stated that the company strongly believe the registries at issue in the cases that FMC filed and the product that are associated thereof do not infringe valid intellectual property rights of FMC.  FMC should not use legal proceedings to damage the public image of Rainbow and the relationship of Rainbow with its customers. Rainbow has been focusing on the field of crop protection for more than 20 years. The companyhave always been committed to the research and development of pioneering technologies and intellectual property protection, respecting others’ intellectual property rights, and establishing an international image of intellectual property protection and the corporate brand.