Indianapolis, Indiana – Patent lawyers for Sepro Corporation of Carmel, IN, filed an infringement suit alleging Phoenix Environmental Care, LLC of Valdosta, GA, infringed Patent No. 7,135,435, titled PLANT GROWTH REGULATION COMPOSITIONS AND METHODS USING GIBBERELLIN BIOSYNTHESIS INHIBITOR COMBINATIONS, as issued by the U.S. Patent Office.
The plaintiff makes and sells aquatic and horticultural products, and its ‘435 patent relates to plant growth regulation compositions, while the defendant is a chemical company in the business of marketing fungicides, herbicides, and insecticides. The complaint claims that the defendant has directly infringed the ‘435 patent by marketing an infringing turf growth regulation composition and induced infringement of the patent by directing a university study of the composition.
Practice Tip: Under 35 U.S.C. § 271(b), “[w]hoever actively induces infringement of a patent shall be liable as an infringer,” and the United States Supreme Court has agreed to hear an appeal in the Global-Tech v. SEB case in order to determine whether “deliberate indifference of a known risk” that infringement may occur satisfies the state-of-mind element required to proved active inducement of infringement.Complaint – Sepro v. Phoenix
Further information about this case is as follows:
Filed: January 13, 2010 as 1:2010cv00044 Updated: April 7, 2010 15:36:17
Presiding Judge:Judge Richard L. Young
Referring Judge:Magistrate Judge Debra McVicker Lynch
Cause Of Action: Patent Infringement