Bayer CropScience successfully defended Imidacloprid patent

Patent infringement lawsuit against UK supplier

Monheim, July 27, 2007 – Bayer CropScience AG has successfully enforced the patent on imidacloprid (EP 0 192 060), its most successful insecticide worldwide, against Ki-Hara Chemicals Ltd., Birmingham, UK, and its Managing Director. The defendants, who unlawfully sold imidacloprid produced in China to customers in Middle East and Europe, but primarily in Almeria, Spain, were required to pay Bayer CropScience the sum of 225,000 pounds.

Said Dr. Ralf-Rüdiger Jesse, Head of Patents & Licensing at Bayer CropScience AG: “This case shows our commitment to defend our intellectual property rights, sending a strong signal to any infringers.” The case is notable for the fact that orders for liability from the Patents Court were obtained not only against Ki-Hara but also against its Managing Director in person. Furthermore, Bayer CropScience is free to use all documents disclosed in this action, e.g. customer lists and supplier details, to take further steps against other third parties.

Bayer CropScience is fully committed to Product Stewardship in line with the principles of Sustainable Development and the responsible use of its products. “We see it as our duty to contribute to preventing illegal trade of products as they not only violate our patent rights, but potentially also put crops, the environment and the health of farmers and consumers at an unacceptable risk,” explained Dr. Peter Ohs, Head of Safe Use Assurance.

Strong patent protection is the basis for Bayer CropScience’s high level of innovation. The company’s crop protection R&D budget is the highest in the agrochemical industry, thus underlining the importance of innovation. In order to sustain this foundation, the company is therefore on constant alert for any activities that infringe its intellectual property (IP) rights, for example patents, trademarks and copyrights. “More and more illegal imports and non registered products are finding their way onto the market, particularly in Spain. To prevent this process, we took direct actions against several companies in court in the past two years and will do so again wherever we need to worldwide,” added Dr. Jesse.

The active ingredient imidacloprid was developed by Bayer CropScience and belongs to the chloronicotinyl (CNI) class of insecticides. The product is the most successful insecticide worldwide, protecting more than 140 crops against many sucking insects in over 100 countries.

The Bayer Group is a global enterprise with core competencies in the fields of health care, nutrition and high-tech materials. Bayer CropScience AG, a subsidiary of Bayer AG with annual sales of about EUR 5.7 billion (2006), is one of the world’s leading innovative crop science companies in the areas of crop protection, non-agricultural pest control, seeds and plant biotechnology. The company offers an outstanding range of products and extensive service backup for modern, sustainable agriculture and for non-agricultural applications. Bayer CropScience has a global workforce of about 17,900 and is represented in more than 120 countries. This and further news is available at: www.newsroom.bayercropscience.com.

Find more information at www.bayercropscience.com.

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Bayer CropScience AG

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