WALNUT CREEK, Calif., Feb. 29 /PRNewswire/ -- Valent U.S.A. Corporation and its parent company, Sumitomo Chemical Co. Ltd., announced that the International Trade Commission has voted to investigate whether Syngenta AG and its subsidiaries have infringed a patent owned by Sumitomo Chemical and licensed to Valent, its U.S. subsidiary.
The investigation regards alleged infringement of United States Patent 5,034,404, which covers an insecticide compound known as clothianidin. Clothianidin is a later generation neonicotinoid insecticide, an important class of powerful insecticides. Valent and Sumitomo Chemical filed a complaint with the ITC on January 31, 2008, alleging infringement of the patent.
The investigation is expected to be completed by early 2009.
According to the complaint filed at the ITC, Syngenta and its subsidiaries violate Sumitomo Chemical's '404 patent in two ways. First, Syngenta's products labeled as thiamethoxam contain clothianidin. Second, Syngenta's products metabolize thiamethoxam into clothianidin by the intended use of the products. According to U.S. law, selling a product that contains any amount of a patented compound is an infringement of the patent, and selling a product containing a compound that metabolizes into a patented compound also constitutes a violation of the patent.
If the ITC finds Syngenta's activities infringe the '404 patent, it can exclude the infringing raw materials from entering into the United States and can order Syngenta to stop selling the infringing products in the U.S. These products include pesticides sold under the brand names Actara, Centric, Cruiser, Flagship, Meridian, and Platinum, among others. Any ITC order could include products already manufactured and in inventory in the U.S.
About Valent U.S.A. Corporation
Valent U.S.A. Corporation markets and sells fungicides, herbicides, insecticides, bio-insecticides, insect growth regulators, nematicides, baits and plant growth regulators for the agricultural, horticultural, turf, ornamental, industrial vegetation management and professional pest control markets. Valent is a wholly owned subsidiary of Sumitomo Chemical Co., Ltd. Its headquarters are in Walnut Creek, CA. For more information about Valent, visit the company's web site at http://www.valent.com/.
About Sumitomo Chemical Co. Ltd.
Sumitomo Chemical Co. Ltd. is a diversified global chemical company. It has six business sectors, including the Agricultural Chemicals Sector. The Agricultural Chemicals Sector is one of the Company's most globalized Sectors, with more than half of its sales coming from its overseas operations. The Sector is composed of the Crop Protection Division - Domestic, the Crop Protection Division - International, the Environmental Health Division, and the Animal Nutrition Division. The Crop Protection Divisions have been building a global sales network for such products as insecticides, fungicides, herbicides and plant growth regulators. They hold one of the largest shares of the market for agrochemicals in Japan and rank among the top ten players in the world. The Sector places a great emphasis on R&D as the source of its long-term competitiveness to launch a continuous stream of unique products with a view to capturing one of the two top positions in niche markets or particular regions. For more information visit the company's web site at http://www.sumitomo-chem.co.jp/english/.
For further information contact:
Agricultural Trade Media All Other Media
Emily Dahlbeck Lew Phelps
Archer>Malmo Sitrick And Company
901-523-2000 310-788-2850
Valent U.S.A. Corporation
