FMC Corporation obtains court order against Sharda USA

The rights to import, market, advertise, sell or distribute premix products containing bifenthrin and patent-protected cyano-pyrethroids are in dispute.

28.08.2024 | 18:01 (UTC -3)
Cultivar Magazine

FMC Corporation has reported obtaining a temporary restraining order from the United States District Court for the Eastern District of Pennsylvania against Sharda USA LLC. The decision prevents Sharda from importing, marketing, advertising, selling or distributing premix products containing bifenthrin and cyano-pyrethroids, protected by FMC patents. The court order covers Sharda's "Winner" insecticide product, which contains bifenthrin and zeta-cypermethrin.

This decision is part of an ongoing lawsuit brought by the FMC, which alleges that Sharda is infringing the company's US patents, which cover insecticide products that combine bifenthrin and zeta-cypermethrin.

FMC markets an insecticide premix with these components in the United States under the Hero brand, protected by the patents in question. The company also accuses Sharda of misappropriating the Hero product label for the "Winner" label, alleging copyright infringement.

Michael Reilly, executive vice president, general counsel and secretary of the FMC, welcomed the court's decision. He highlighted the importance of patent compliance in the crop protection industry and stated that this decision validates the FMC's position on intellectual property rights.

According to Reilly, these rights are fundamental to innovation and progress in agriculture, and the company is committed to vigorously protecting their rights to ensure that the fruits of its research and development efforts continue to deliver value and support sustainable agriculture globally.

FMC also sells the Hero product in Brazil. For more information, click here.

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