U.S. District Court Denies BASF's Bid for Preliminary Injunction in Fipronil Case
GREENSBORO, N.C. – Nearly two months after issuing a Temporary Restraining Order (TRO) that prevented Makhteshim from “using, importing, marketing, offering to sell, or selling” any fipronil-related product that may infringe on BASF’s ’010 and ’743 patents, U.S. District Judge William L. Osteen, Jr. reversed course in late May, denying BASF’s bid for a preliminary injunction and dissolving the TRO, paving the way for the introduction of Taurus Termiticide/Insecticide from Control Solutions, Makhteshim’s U.S. subsidiary.
In ruling on the motion, Judge Osteen interpreted a key term of the disputed patents, determining that the Exterior Perimeter/Localized Interior (EP/LI) treatment instructions featured in the master label for Taurus SC did not meet the limitations of the claim for the patents in question. The disputed claim – a focal point of the Markman hearing held in early May – focused on a “process for the protection of a [future] building against damage caused by insects,” according to court documents.
“Plaintiffs have failed to show that they will likely prove that the asserted claims of the Kimura patents cover the EP/LI treatment methods described in Defendants’ Taurus SC master label,” Judge Osteen wrote in his ruling. “Thus, this court concludes that Plaintiffs have not established that they are likely to succeed on the merits.” ( Editor’s note: Inventor Yassuo Kimura acquired the ’010 patent in 2002 and the ’743 patent in 2004; see related story below .)
The judge concluded that the patents promote the deliberate creation of “untreated locations” around structures so crawling insects can access buildings without being exposed to the insecticide (fipronil). The Taurus label, in contrast, recommends creating a “continuous treated zone” around the exterior of structures “and only treating interior spaces where termite activity is found.” As a result, the judge ruled Taurus is unlikely to be found to infringe the patents.
Jan Buberl, head of BASF’s Specialty Products Division, said even though Judge Osteen did not impose a preliminary injunction, as the company had requested, he remains optimistic BASF will prevail at trial. “We respectfully disagree with the decision of the court and we are considering our various legal options, but certainly one of the next milestones is the full trial that is set for (later) this year.
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Termidor, BASF's flagship termiticide, generates more than $75 million in annual revenues, representing about 35 percent of the US termite control market and approximately 65 percent of the liquid termiticide market. More than 4 million structures have
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If you live in a rented apartment or own home, it's always useful to check for termites. The reason that these pests, if left unchecked will continue to destroy your property and the damage may be extensive.
Any Termites Found?
If you have never checked their properties at any termites at all, you should not assume that they are not there. Termites tend to like dark, moist places. If there is room in your house or property where you have the raw wood, you will find them there to enjoy the holiday. If your house is supported by wooden beams and pillars, these pests can literally chew themselves through anything making wooden house structure unstable. All you need to do is grab the torches and start checking through the house to see if you can find any signs of termites. Chances are, if you find any wood that has been chewed through it will mean that you have a problem with a termite infestation. Record these areas.
Act quickly
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Under treatment
Eradication of termites takes perseverance. You can not get rid of them overnight. Starting termite treatment plan will take at least 3 months. Even if you choose to use pest control company, they will also tell you that it takes a consistent treatment to kill those termites. That's why anyone can start using Termidor termite treatment solutions in their homes.
Summary
Please take the time to find termites, or traces of them in your home. Destroying them will take time, but at least you do not have to wait until they have caused extensive damage to your property that you have to spend a lot of money on repairs.
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