Bayer Environmental Science announced that Etigra LLC has agreed to cease sales and to recall Etigra products that Bayer considers to infringe one of its patents.
Bayer Environmental Science asserted that two termiticide products recently introduced by Etigra, Imida E-Pro 2F Pre/Post Construction Insecticide and Imida E-Pro 75 WSP Pre/Post Construction Insecticide, infringe Bayer’s U.S. Patent No. 6,323,224 protecting the use of imidacloprid on wood products.
Bayer invented and introduced to the market the novel use of imidacloprid to treat wood structures and surfaces. Research efforts from companies like Bayer are based on a foundation of respect for intellectual property rights that enables significant investments in order to generate future technical innovations.
Separately, Bayer continues to pursue its counterclaims in a pending lawsuit in regard to Bayer’s patented use of imidacloprid on fertilizer, and has filed an additional counterclaim of copyright infringement for infringement of several of Bayer’s product labels. The Bayer lawsuit counters a legal action initiated by Etigra, seeking a declaratory judgment that Etigra’s method of formulating imidacloprid on fertilizer does not violate the Bayer-owned patent.
Bayer invented the mixture of imidacloprid on fertilizer, sold as the brand name product Merit® Plus Turf Fertilizer; and users have enjoyed its benefits for more than 10 years. This patented technology revolutionized insect control on lawns and golf courses while providing significant application convenience to users.