Bayer CropScience defends against Chinese companies’ patent infringement

Bayer CropScience has successfully ended a patent infringement dispute in China with the two Chinese companies Jiangsu Tian Rong Group Ltd. (Tian Rong) and Yixing Hua Dong Agrochemical Company Ltd. (Hua Dong), and in so doing has defended its patent for the safener mefenpyr.

Bayer CropScience had initiated litigation against Tian Rong and Hua Dong for infringing its mefenpyr patent. In January 2009, the Wuxi intermediate court of first instance ruled in favor of the Bayer subgroup. The two defendants appealed the decision to Jiangsu High Court in March. Recently, however, the decision of the first instance court became effective due to the withdrawal of the appeal by Tian Rong and Hua Dong. Moreover, under Jiangsu High Court’s mediation, a settlement was reached between Bayer CropScience and the two companies, under which Tian Rong and Hua Dong undertook to cease the infringing acts. Bayer CropScience will further receive damages and a public apology from the infringer.

Tian Rong unlawfully produced mefenpyr, a proprietary Bayer CropScience safener that is mixed with fenoxaprop-P-ethyl and other active ingredients. Tian Rong and Hua Dong sold the product to Chinese farmers and to customers in other Asian countries. Dr. Jesse said: "Counterfeiting is a serious concern for all stakeholders. The use of unlicensed products can endanger the health of farmers and consumers, damage crops or destroy them completely, and harm the environment. Furthermore, it can cause significant economic damage to farmers, the entire food value chain and our industry.”