Bayer CropScience LP, Etigra LLC, Cary, N.C.; Nufarm Americas, Inc., Burr Ridge, Ill. as successor to the assets of Etigra; and Control Solutions, Inc., Pasadena, Texas, announced that the companies have settled lawsuits regarding infringement of Bayer’s patent for the pesticide imidacloprid on fertilizer. The parties have acknowledged that Bayer’s patent is valid and enforceable. Furthermore, Etigra has acknowledged the validity of Bayer’s copyrights.

Also included is the acknowledgment of Bayer’s patent rights by Frick Services, Inc., Wawaka, Ind., a party in the Control Solutions litigation.

Etigra, Control Solutions, and Frick Services are endeavoring to recall infringing imidacloprid product. 


Bayer filed suit in February 2008 against Control Solutions in the U.S. District Court for the Eastern District of North Carolina citing infringement of U.S. Patent No. 5,783,203. Bayer’s litigation in regard to Etigra’s actions was filed in the same U.S. district court in March 2007.

Under the terms of a previous settlement agreement, Nufarm and its business partners have been granted freedom to operate under the patent for imidacloprid on fertilizer, including the ability to commercialize products incorporating the patented technology.

“Bayer is pleased that the validity of its imidacloprid on fertilizer patent has again been affirmed,” stated Joshua H. Weeks, head of the Professional Products business for Bayer Environmental Science in North America.  “Research efforts from companies like Bayer CropScience are based on a foundation of respect for intellectual property rights,” Weeks asserted. “This respect enables the significant investments needed to generate future technical innovations.”

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