COURT RULING RELIEVES BURDEN ON SPROUT INHIBITOR APPLICATORS

Published online: Feb 01, 2007
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MERIDIAN, ID--The U.S. District Court for the District of Idaho granted a landmark summary judgment in favor of PIN/NIP (1,4GROUP Inc.) regarding the treatment of CIPC and DMN on potatoes. This judgment resolves a long-standing dispute between 1,4GROUP and Platte Chemical Company regarding the timed application of the two chemicals.

The Court declared that "because Platte has not identified specific evidence showing that applications of CIPC and DMN, either simultaneous or spaced, produce a "mixture," and hence a "composition," of those two chemicals, the Court will grant PIN/NIP's motion for summary judgment and declare that the simultaneous or spaced application of CIPC and DMN does not infringe Claim One of the 912 patent."

The ruling relieves the burden on chemical applicators who have hesitated to treat storages with both chemicals for fear of patent violation. According to John Forsythe, general manager of 1,4GROUP,"We are pleased the issue has been resolved for the benefit of the entire industry. Applicators can now safely treat storages with both CIPC and DMN products without the threat of a lawsuit as long as the chemicals are not pre-mixed prior to application."

1,4GROUP sells both CIPC and a full line of DMN sprout inhibitors, but specifically does not sell a pre-mixture of the two chemicals.

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