Burr Ridge, Ill.-Nufarm Americas Inc. has announced jointly with Bayer CropScience LP a settlement in a lawsuit filed by Bayer for alleged patent infringement involving the use of the pesticide Imidacloprid on fertilizer. Nufarm acknowledged that Bayer’s patent is valid and enforceable, and under terms of the settlement will have “with its customers full freedom to operate (with immediate effect) with this patented Imidacloprid on fertilizer technology; including the ability to commercialize its trademarked Mallet product incorporating the patented technology onto any fertilizer type.” Nufarm also reaffirmed its continued commitment to strongly support its customers and sales of Mallet 0.2 percent on fertilizer to the market. Both parties have withdrawn all claims and counterclaims, but other terms of the settlement remain confidential. Separately, Bayer CropScience stated that it continues its legal action against Etigra LLC, asserting Etigra’s infringement of the same Bayer patent for Imidacloprid on fertilizer. Etigra of Cary, N.C., maintained on its website that in developing its Imidacloprid fertilizer formulation a method was found that not only circumvented Bayer’s patent, but also improved on it. Randy Canady, Etigra chief operating officer, stated, “We offer a formulator-friendly formulation that is cleaner and more efficient.”
Transparency Across the Fertilizer Value-Chain