Zeneca/Ciba goes on despite latest ruling

30 September 1996 00:00  [Source: ICB]

Zeneca's claim that Ciba has infringed its herbicide patent has been rejected by Danish and German courts but it is continuing to pursue similar cases in other European countries.

A German court has decided in favour of Ciba in a herbicide patent dispute with Zeneca, backing up a Danish ruling in April. But Zeneca is still pursuing infringment cases against Ciba in Denmark, the UK, France, Ireland and Australia.

Zeneca claims that Ciba's propaquizafop, marketed in Germany as Agil, is chemically equivalent to its Fusilade product. Propaquizafop is a herbicide used to protect broad-leaved crops such as sugarbeet and oilseed rape.

Earlier this month the Munich Landgericht rejected Zeneca's case, reinforcing a decision in November 1995 by the German federal patents court, which limited the application of Zeneca's Fusilade patent. In April this year the Copenhagen City Court refused Zeneca an injunction banning Ciba from selling Agil in Denmark.

A Zeneca spokesman said its Fusilade patent, licensed from ICI Australia, covered the composition of a range of esters of quizalofop-P. 'The issue we are contending is that propaquizafop is an equivalent ester or will metabolise to an equivalent ester.' Agil had a 'small share of a small market' in Germany and the decision would not affect Zeneca's ability to sell Fusilade in Germany, he added. Fusilade was a 'significant' product for Zeneca.

Fusilade's major market is the US, where propaquizafop is not registered. A Ciba spokesman said the company had no current plans to apply for US registration.

A patent infringement lawsuit brought by National Starch against Reichold Chemicals regarding polyurethane reactive hot melt adhesives has been settled, both companies announced. Reichold which markets the adhesives under the Swift brand name has agreed not to contest the validity of National Starch's patent and discontinued the sale of the alleged infringing products. The lawsuit addressed US patent number 5 021 507 'Acrylic modified reactive urethane hot melt adhesives compositions'.

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