15 April 2024, Mexico: FMC Corporation (NYSE:FMC) today commented on a recent statement by Rainbow Agro Sciences, S.A. De C.V. (“Rainbow”) claiming the company won a patent infringement case against FMC Corporation and FMC Agroquímica de México, S. de R. L. de C.V. The declarations by Rainbow are inaccurate and grossly misrepresent the nature of the dispute by falsely characterizing a recent pending case, which FMC initiated against the Federal Committee for Protection from Sanitary Risks (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS), as part of an FMC patent infringement suit against Rainbow.
“FMC did not receive an unfavorable outcome in a patent litigation against Rainbow. The pending legal proceedings were directed specifically at the Mexican pesticide regulatory authority, COFEPRIS, regarding application of Mexican regulatory law,” said Michael Reilly, executive vice president, general counsel and secretary. “Rainbow inaccurately portrayed the nature of the case in its recent public statements, potentially misleading and deceiving customers and the industry.”
FMC filed a lawsuit against COFEPRIS on September 11, 2023, in the Mexican Federal Court of Administrative Justice, Specialized Court in Intellectual Property (Tribunal Federal de Justicia Administrativa, Sala Especializada en Materia de Propiedad Intelectual). The suit alleged that, pursuant to clear Mexican regulatory law, COFEPRIS should not grant a chlorantraniliprole registration for a Rainbow-formulated product because FMC’s composition of matter patent for chlorantraniliprole was in force at the time of Rainbow’s application.
On April 4, 2024, a Mexican Federal Administrative Court ruled against FMC. FMC strongly disagrees with the decision and believes clear precedent court decisions – including an earlier case involving Rainbow’s application for registration of chlorantraniliprole technical product – support the company’s position. FMC will promptly appeal this decision before the Mexican Constitutional Court.
“The Rainbow group of companies has consistently demonstrated a deliberate disregard for legally mandated processes that generic companies must follow to safely produce and market another company’s patented technology,” said Reilly. “In this case, Rainbow is once again attempting to sell a chlorantraniliprole product without due respect for the law. We are confident our appeal will prevail in this case.”
FMC remains committed to delivering innovative, effective chlorantraniliprole products to growers in Mexico and throughout the world, as well as protecting the value of that innovation through the enforcement of its intellectual property rights.
