Judge Exterminates Bayer, BASF Pesticide Patent Suit

Law360, New York (January 9, 2012, 4:26 PM EST) -- A North Carolina federal judge on Monday tossed a lawsuit brought by BASF Agro BV and Bayer SAS, finding Makhteshim Agan of North America Inc. and Control Solutions Inc. had not induced infringement of patents for a method of applying anti-termite pesticide.

U.S. District Judge William L. Osteen Jr. agreed with the defendants' reasoning that their termite-killing product, called Taurus, did not induce infringement of BASF or Bayer's method of use patents, granting summary judgment and dismissing the suit's two surviving claims with prejudice.

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