• ALJ Lord Issues Notice Denying Motion For Temporary Relief In Certain Sulfentrazone (337-TA-914)
  • August 18, 2014 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On August 12, 2014, ALJ Dee Lord issued a notice Regarding Initial Determination Concerning Complainant's Motion for Temporary Relief ("IDTR") in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914).

    By way of background, this investigation is based on a March 5, 2014 complaint filed by FMC Corp. ("FMC") alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and formulated sulfentrazone compositions made by a process that infringes one or more claims of U.S. Patent No. 7,169,952 (the '952 patent). See our March 6, 2014 and April 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively.

    According to the notice, FMC's motion for temporary relief was denied because FMC did not show "(1) a likelihood of success on the merits, (2) that it would suffer irreparable harm, (3) that the balance of hardships would favor [FMC], and (4) that the public interest would not be disserved if temporary relief is granted."

    The notice released only limited information. We will provide additional information after a public version of the IDTR is released.