BASF Fails to Block Patent Suit Threat in Agritech Dispute

摘要

BASF Plant Science LP lost its bid to head off a potential patent infringement suit during licensing negotiations over food technology patents with Nuseed Americas Inc., because it sued the wrong party, a federal court said (BASF Plant Sci., LPv. Nuseed Ams. Inc., D. Del., No. 17-421, 8/17/17). The U.S. District Court for the District of Delaware Aug. 17 dismissed BASF's attempt to invalidate eight food technology patents related to modifying and commeri-calizing omega-3 fatty acids licensed to Australian agro-chemical company Nufarm Ltd.'s subsidiary Nuseed Americas Inc. The court said it couldn't hear the case because even though Nuseed was an exclusive licensee of the disputed patents, the company didn't have the right to sue for infringement.