Complete victory for Finnegan clients Nutrichem and Heyi at the ITC

The International Trade Commission issued its final determination in favor of Finnegan clients Nutrichem Co. and Jiangxi Heyi Chemicals Co.--both from China--and their co-respondents Summit Agro USA and Summit Agro North America Holding Corporation, denying complainant FMC Corp.’s request to exclude their products from the U.S. market. In Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone, the ITC found no violation. Specifically, the ITC found no infringement by Nutrichem or Heyi, invalidity of the asserted claims, and no domestic industry by FMC. This was the second time the ITC found in favor of Nutrichem and Heyi, having denied FMC’s request for temporary relief a few months earlier, similarly finding that FMC had not shown it was likely to succeed on the merits: the ITC held, among other things, that FMC was not likely to prevail on infringement or domestic industry and that the claims were likely invalid.