FMC Corporation obtains pre-suit injunction in China for patent infringement

PHILADELPHIA, May 10, 2022 /PRNewswire/ -- 

FMC Corporation (NYSE: FMC), a leading global agricultural sciences company, announced the Ningbo Intermediate People's Court in Zhejiang Province, China, granted FMC Agro Singapore Pte. Ltd a pre-suit preliminary injunction to stop infringement of a chlorantraniliprole patent. Chlorantraniliprole is FMC's leading insecticide ingredient branded as Rynaxypyr® active.

The pre-suit preliminary injunction restrains Zhejiang Yongtai Technology Co. Ltd. ("Yongtai Technology") from engaging in any activity of offering to sell chlorantraniliprole until FMC's patent expires, including by doing so at trade fairs.

"We are pleased with the Court's decision, which reflects its understanding of the urgency of this matter and its impact on the crop protection market in China," said Michael Reilly, FMC executive vice president, general counsel and secretary. "The principles decided by the Court are also significant for future infringement actions, as being one of very few cases anywhere in China where a trial court has granted pre-suit injunctive relief under the China Patent Law and standards outlined by the Chinese Supreme Court.  The Ningbo Intermediate People's Court determined that Yongtai Technology's infringing acts violated the China Patent Law and created a need for urgent relief to protect FMC's patent rights."    

For nearly four decades, FMC has provided proprietary insect, disease and weed control technologies to ensure that Chinese farmers have access to world-class product technologies. The company employs more than 600 people in China, where it operates a world-class innovation center in Shanghai and two manufacturing facilities in Shanghai and Jiangsu. 

"Our intellectual property rights are an essential tool to drive innovation and continued investment in the Chinese crop protection market," said Pramod Thota, interim president for FMC's Asia Pacific Region and president of FMC U.S.A. "This decision reinforces the value of our commitment to bring innovative, high-quality crop protection solutions to growers in China and around the world."

About FMC

FMC Corporation is a global agricultural sciences company dedicated to helping growers produce food, feed, fiber and fuel for an expanding world population while adapting to a changing environment. FMC's innovative crop protection solutions – including biologicals, crop nutrition, digital and precision agriculture – enable growers, crop advisers and turf and pest management professionals to address their toughest challenges economically while protecting the environment. With approximately 6,400 employees at more than 100 sites worldwide, FMC is committed to discovering new herbicide, insecticide and fungicide active ingredients, product formulations and pioneering technologies that are consistently better for the planet. Visit fmc.com to learn more and follow us on LinkedIn® and Twitter®.

Rynaxypyr is a trademark of FMC Corporation or an affiliate. Always read and follow all label directions, restrictions and precautions for use. Products listed may not be registered for sale or use in all states, countries or jurisdictions.

Statement under the Safe Harbor Provisions of the Private Securities Litigation Reform Act of 1995:  This release contains forward-looking statements, which are based on management's current views and assumptions regarding future events, future business conditions and the outlook for the company based on currently available information. These statements involve known and unknown risks, uncertainties and other factors that may cause actual results to be materially different from any results, levels of activity, performance or achievements expressed or implied by any forward-looking statement. These factors include, among other things, the risk factors and other cautionary statements included within FMC's 2021 Form 10K filed with the SEC as well as other SEC filings and public communications. FMC cautions readers not to place undue reliance on any such forward-looking statements, which speak only as of the date made. Forward-looking statements are qualified in their entirety by the above cautionary statement. FMC undertakes no obligation, and specifically disclaims any duty, to update or revise any forward-looking statements to reflect events or circumstances arising after the date on which they were made, except as otherwise required by law.

SOURCE FMC Corporation