Control Solutions, Inc. (CSI), a subsidiary of Makhteshim Agan Industries (MAI), is dedicated to providing pest management solutions to the industry that are “better than, or equal to” existing products with formulation innovation and better value for pest management professionals.  You may have recently read or received articles and other communications concerning the status of the patent infringement case brought by BASF against Makhteshim Agan of North America, Inc. (MANA) and CSI.  We would like to take this opportunity to clear up any confusion or misconceptions those articles and communications may have created regarding that status of the lawsuit and where things stand today with regard to CSI’s TAURUS^® SC product. 

In early April 2010, BASF filed a lawsuit against MANA and CSI alleging that we had infringed upon both their Process (manufacturing) and Method-of-Use (application) patents.

In October 2010, a consent judgment was reached which states that the process for making Fipronil used in CSI’s TAURUS^® SC product does not and will not infringe on BASF’s Process patent for Fipronil.  This confirms that BASF agreed that MAI had indeed created a unique method for producing technical Fipronil.

In late May 2011, Judge William L. Osteen, Jr. of the U.S. District Court for the Middle District of North Carolina ruled to deny BASF a preliminary injunction and dissolved a temporary restraining order that had been placed on MANA and CSI.  CSI launched the first post-patent Fipronil Termiticide/Insecticide, TAURUS^® SC following that decision, but decided to keep the EP/LI language off of the original label until the outcome on the application patent portion of the lawsuit had been finalized. 

On January 9, 2012,  the U.S. District Court for the Middle District of North Carolina granted summary judgment that the EP/LI method of using CSI’s TAURUS^® SC product would not infringe BASF’s Method-of-Use patents.  Subsequently, all TAURUS^® SC will now be labeled with EP/LI applications (language pending in CA and exempt in LA). BASF indicated that it will appeal the court’s decision, which is routinely the case for losing parties in lawsuits.  MANA and CSI are confident that the original judgment will hold up on appeal.

We want to make it clear to the industry that MANA and CSI respect all patents and do not infringe upon them.

Just as in the pharmaceutical industry, post-patent products are an important development in the life cycle of the pest management industry.  MANA and CSI have state-of-the art manufacturing and formulating capabilities across the globe. Our dedicated development, regulatory and sales teams work hard to bring high quality new products to market and keep all products in compliance as approved by the Environmental Protection Agency (EPA). 

If you have any further questions, please do not hesitate to contact your local CSI Sales Representative or Curtis Clark, Vice President Sales and Marketing, at 281-892-2500.

Sincerely,

Mark Boyd

President

Control Solutions, Inc.

Timeline of Court Proceedings

• APRIL 2010- BASF files patent infringement lawsuit on Makhteshim Agan
• MAY 2011- US District Court of North Carolina deny's BASF's bid for preliminary injunction-CSI launches TAURUS SC
• OCTOBER 2010- Parties agree upon summary judgment that MAI does not and will not infringe BASF's process patents
• JANUARY 2012- US District Court of North Carolina judge William Osteen ruled MANA had not infringed the BASF method of use patent regarding the EP/LI language