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BASF Protects Fipronil Intellectual Property Rights and Innovation Investments

Friday, April 09, 2010

Challenges unauthorized use of Fipronil technologies by Makhteshim Agan and Cheminova

Florham Park, NJ -- BASF filed separate lawsuits yesterday against Makhteshim Agan of North America, Inc. and its affiliate Control Solutions, Inc., and against Cheminova A/S and Cheminova, Inc., for imminent infringement of certain BASF patents relating to the manufacture and use of Fipronil, a leading insecticide approved by the EPA for prevention and elimination of insect infestations. Fipronil is marketed to the pest control marketplace by BASF as Termidor®. Both suits were filed in the United States District Court for the Middle District of North Carolina.

BASF discovered that Makhteshim Agan and Cheminova are preparing to sell infringing generic Fipronil termiticides and encourage termite control professionals to buy and apply these infringing termiticides in violation of several BASF patents. BASF is seeking injunctions against Makhteshim Agan and Cheminova to prevent sales and applications that will infringe BASF's patented technologies.

"BASF, a leading provider of pest control products and the technology to develop and apply them, is committed to vigorously protecting its intellectual property and innovation investments," said Markus Heldt, President of BASF's Crop Protection division. "After efforts to secure assurances from both Makhteshim and Cheminova that they will not infringe the Fipronil patents failed, BASF decided to enforce its rights by filing these lawsuits."

Bayer CropScience, which exclusively licenses two of the patents to BASF, is named as an additional plaintiff in the suits.

About the Crop Protection division

With sales of euro 3.6 billion in 2009, BASF's Crop Protection division is a leader in crop protection and a strong partner to the farming industry providing well-established and innovative fungicides, insecticides and herbicides. Farmers use these products and services to improve crop yields and crop quality. Other uses include public health, structural/urban pest control, turf and ornamental plants, vegetation management, and forestry. BASF aims to turn knowledge rapidly into market success. The vision of BASF's Crop Protection division is to be the world's leading innovator, optimizing agricultural production, improving nutrition, and thus enhancing the quality of life for a growing world population. Further information can be found on the web at

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BASF - The Chemical Company.

BASF Corporation, headquartered in Florham Park, New Jersey, is the North American affiliate of BASF SE, Ludwigshafen,Germany. BASF has approximately 16,000 employees in North America, and had sales of $13 billion in 2009. For more information about BASF's North American operations, or to sign up to receive news releases by e-mail, visit

BASF is the world's leading chemical company: The Chemical Company. Its portfolio ranges from chemicals, plastics and performance products to agricultural products, fine chemicals and oil and gas. As a reliable partner, BASF creates chemistry to help its customers in virtually all industries to be more successful. With its high-value products and intelligent solutions, BASF plays an important role in finding answers to global challenges, such as climate protection, energy efficiency, nutrition and mobility. BASF posted sales of more than euro 50 billion in 2009 and had approximately 105,000 employees as of the end of the year. Further information on BASF is available on the Internet at

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