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No IPR Import Restrictions on Herbicide

Thursday, June 11, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has terminated without the imposition of import restrictions patent infringement investigation 337-TA-914 of certain sulfentrazone, sulfentrazone compositions and processes for making sulfentrazone. The products at issue in this investigation are used to control certain weeds in various agricultural crops, including soybean, sunflower and tobacco, and to control pests in non-crops such as ornamental plants, turf and golf courses.

The ITC upheld the presiding administrative law judge’s finding that there was insufficient evidence to conclude that the respondents infringed the asserted patent claims or that complainant FMC Corporation satisfied the technical prong of the domestic industry requirement. The ALJ had also found insufficient evidence that FMC satisfied the economic prong, but the ITC set that finding aside.

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