On March 5, 2014, FMC Corporation (“FMC”) filed a complaint requesting that the International Trade Commission (ITC) commence an investigation pursuant to Section 337 regarding “sulfentrazone, sulfentrazone compositions, and processes for producing sulfentrazone”, which alleges that the sulfentrazone made and sold by Beijing Nutrichem Science and Technology Stock Co., Ltd., (“Nutrichem”), Jiangxi Heyi Chemicals Co. Ltd., (“Jiangxi Heyi”) and two American importers Summit Agro USA, LLC and Summit Agro North America Holding Corporation (“Summit Corp.”) infringes a patent of FMC.FMC requests that the ITC issue a limited import prohibition order, including a temporary relief order and a permanent relief order. Once a temporary or permanent relief order is supported by the ruling of the ITC, it will put a ban on the importation of the sulfentrazone of Nutrichem and Jiangxi Heyi to the United States. The U.S. ITC officially filed the investigation application on April 9, 2014 American Time. The case is the first U.S. Section 337 investigation case against Chinese agrochemical companies.
Nutrichem and Jiangxi Heyi actively responded to the complaint and engaged Finnegan, Henderson, Farabow, Garrett & Dunner, LLP as their legal representation.
From July 1 to 3, 2014, a court hearing on whether to issue a temporary relief order was held. The ITC Judge announced its decision on August 12, 2014 which rejects FMC’s request for issuance of a temporary relief order. The ITC Commission also issued a ruling on September 11, 2014 approving the Judge’s decision. The ruling enables Nutrichem and Jiangxi Heyi to continue to export sulfentrazone to the United States during the investigation.
On February 20, 2015, the case went through a court hearing on permanent relief order. The Judge issued an initial determination on April 10, 2015 which rejects FMC’s request for issuance of a permanent relief order. The initial determination believes that the processes of producing sulfentrazone of Nutrichem and Jiangxi Heyi do not infringe a patent of FMC. On June 8, 2015, the U.S. ITC issued the final determination affirming the original judgment. FMC may appeal to U.S. Court of Appeals for the Federal Circuit within 60 days.
