FMC obtains high patent infringement compensation in China

On Jan. 25, 2024, FMC Corporation (“FMC”) announcedon its official public account in China that the Supreme People’s Court, in anappeal case of patent infringement, found several defendants guilty ofinfringing FMC’s patent and ordered them to pay nearly USD1 million in damagesto FMC. Reportedly, this amount is one of the highest compensation awards inrecent years in patent infringement lawsuits within the Chinese pesticideindustry.

In Sept. 2022, the Zhengzhou Intermediate People’sCourt ruled favorably for FMC in a patent infringement case against HenanYongfeng Chemical Co., Ltd., Suqian Haide Pharmaceutical Chemical Co., Ltd.,Xinxiang Runyu New Materials Technology Co., Ltd., and individual Wang Shichao(collectively referred to as the “defendants”). The court determined that alldefendants had infringed FMC’s patent, ordering them to compensate FMC forrelated losses. The patent in question protects a crucial intermediate for manufacturingchlorantraniliprole.

FMC subsequently appealed to the Supreme Court,seeking an increase in the amount of damages. On 30 Nov., 2023, the SupremeCourt made a final ruling, ordering the defendants to pay approximately USD1million in damages to FMC.

Michael Reilly, Executive Vice President and GeneralCounsel of FMC, stated, “FMC sincerely appreciates the Supreme Court and theZhengzhou Intermediate Court for protecting FMC’s intellectual property inChina. Strong intellectual property protection is crucial for the ongoinginnovation in the pesticide industry, which requires significant investments intime, funds, and manpower. FMC actively invests in the discovery of new activeingredients, the development of innovative formulations, and the creation ofbiological products. At the same time, the company is committed to supportingthe progress of precision and digital agricultural technologies to promotesustainable agricultural development in China and globally, and to enhance foodsecurity levels.”