ITC Ends Section 337 Investigation on Fungicides, Issues Consent Orders
The International Trade Commission has terminated its investigation on alleged Section 337 violations regarding imports of fungicide products containing crystalline modification IV of pyraclostrobin following a consent agreement. The ITC began the investigation on March 2, following a complaint by BASF that alleged Sharda Cropchem Ltd. and Sharda USA was importing fungicides that infringed on one of BASF's patents (see 2203010046). The complaint sought a limited exclusion order and a cease and desist order against Sharda.
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On March 4, Sharda proposed consent orders that would prevent it from importing subject merchandise into the U.S. or "aid, abet, encourage, or participate in" the importation or sale of infringing products into the U.S. BASF did not oppose the motion and on March 16, Administrative Law Judge Clark Cheney granted it. The Commission chose not to review Cheney's determination and terminated the investigation.