BASF filed separate lawsuits Friday against Makhteshim Agan of North America, Inc. and its affiliate Control Solutions, Inc., and against Cheminova A/S and Cheminova, Inc., for imminent infringement of certain BASF patents relating to the manufacture and use of Fipronil, a leading insecticide approved by the EPA for prevention and elimination of insect infestations. Fipronil is marketed to the pest control marketplace by BASF as Termidor. Both suits were filed in the United States District Court for the Middle District of North Carolina.
A statement from BASF said it "discovered that Makhteshim Agan and Cheminova are preparing to sell infringing generic Fipronil termiticides and encourage termite control professionals to buy and apply these infringing termiticides in violation of several BASF patents. BASF is seeking injunctions against Makhteshim Agan and Cheminova to prevent sales and applications that will infringe BASF's patented technologies."
"BASF, a leading provider of pest control products and the technology to develop and apply them, is committed to vigorously protecting its intellectual property and innovation investments," said Markus Heldt, president of BASF's Crop Protection division. "After efforts to secure assurances from both Makhteshim and Cheminova that they will not infringe the Fipronil patents failed, BASF decided to enforce its rights by filing these lawsuits."
Bayer CropScience, which exclusively licenses two of the patents to BASF, is named as an additional plaintiff in the suits.