UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN PRODUCTS CONTAINING
`PYRACLOSTROBIN AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1303
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`CONSENT ORDER
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`The U.S. International Trade Commission (“Commission”) instituted this investigation
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`based on a complaint filed by BASF SE of Ludwigshafen, Germany and BASF Corporation of
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`Florham Park, New Jersey (collectively, “Complainants” or “BASF”). 87 Fed. Reg. 11730-31
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`(Mar. 2, 2022). The complaint alleged violations of section 337 of the Tariff Act of 1930, as
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`amended, 19 U.S.C. § 1337, based on the importation into the United States, the sale for
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`importation, or the sale within the United States after importation of certain products containing
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`pyraclostrobin and components thereof by reason of infringement of claims 1-17 (collectively,
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`“the Asserted Claims”) of U.S. Patent No. 7,816,392 (“the ’392 patent” or “the Asserted
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`Patent”).
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`Respondent has executed a Consent Order Stipulation in which it agrees to the entry of
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`this Consent Order and to all waivers and other provisions required by the Commission’s Rules
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`of Practice and Procedure, 210.21(c) (19 C.F.R. § 210.21(c)).
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`1
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`Washington, D.C.
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`
`
`
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`
`
`In the Matter of
`
`CERTAIN PRODUCTS CONTAINING
`PYRACLOSTROBIN AND COMPONENTS
`THEREOF
`
`
`
`
`
`Investigation No. 337-TA-1303
`
`
`
`
`
`
`
`
`
`
`CONSENT ORDER
`
`The U.S. International Trade Commission (“Commission”) instituted this investigation
`
`based on a complaint filed by BASF SE of Ludwigshafen, Germany and BASF Corporation of
`
`Florham Park, New Jersey (collectively, “Complainants” or “BASF”). 87 Fed. Reg. 11730-31
`
`(Mar. 2, 2022). The complaint alleged violations of section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, based on the importation into the United States, the sale for
`
`importation, or the sale within the United States after importation of certain products containing
`
`pyraclostrobin and components thereof by reason of infringement of claims 1-17 (collectively,
`
`“the Asserted Claims”) of U.S. Patent No. 7,816,392 (“the ’392 patent” or “the Asserted
`
`Patent”).
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`Respondent has executed a Consent Order Stipulation in which it agrees to the entry of
`
`this Consent Order and to all waivers and other provisions required by the Commission’s Rules
`
`of Practice and Procedure, 210.21(c) (19 C.F.R. § 210.21(c)).
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`1
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`IT IS HEREBY ORDERED THAT:
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`1.
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`The Complainants in this Investigation are BASF SE, a German societas europaea
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`company organized under the laws of the European Union with headquarters and
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`principal place of business at Carl-Bosch- Str. 38, 67056 Ludwigshafen, Germany, and
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`BASF Corporation, a Delaware corporation with headquarters and principal place of
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`business at 100 Campus Drive, Florham Park, New Jersey 07932.
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`2.
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`The Respondent covered by this Consent Order is Sharda USA LLC (“Sharda USA”), a
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`limited liability company organized in Delaware with headquarters and principal place
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`of business at 34 E, Germantown Pike #227, Norristown, PA 19401.
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`3.
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`The Commission instituted this investigation to determine whether certain “products
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`containing crystalline modification IV of pyraclostrobin and components thereof”
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`(collectively, the “Subject Articles”) imported into the United States, sold for
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`importation into the United States, and/or sold within the United States after
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`importation infringe the Asserted Claims of the ’392 patent.
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`4.
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`Sharda USA has executed a Consent Order Stipulation and stipulates to the entry of this
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`Consent Order.
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`5.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(iii), upon the entry of this Consent Order, Sharda
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`USA shall not sell for importation, import, or sell after importation Subject Articles,
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`directly or indirectly, and shall not aid, abet encourage, participate in, or induce the sale
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`for importation, the importation, or the sale after importation of Subject Articles except
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`under consent or license from BASF.
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`2
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`6.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(iv), upon entry of this Consent Order, Sharda
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`USA shall not sell within the United States or otherwise transfer (except exportation)
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`any remaining inventory of imported Subject Articles in the United States.
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`7.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(v), Sharda USA shall cease and desist from
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`importing and distributing the Subject Articles in the United States.
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`8.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(vi), Sharda USA shall be precluded from seeking
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`judicial review or otherwise challenging or contesting the validity of this Consent
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`Order.
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`9.
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`Pursuant to 19 C.F.R. § 210.21(c)(4)(vii), Sharda USA shall cooperate with and shall
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`not seek to impede by litigation or other means the Commission’s efforts to gather
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`information under Subpart I of the Commission’s Rules of Practice and Procedure, 19
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`C.F.R. Part 210.
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`10. Pursuant to 19 C.F.R. § 210.21(c)(4)(viii), Sharda USA and its officers, directors,
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`employees, agents, and any entity or individual acting on its behalf and with its
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`authority shall not seek to challenge the validity or enforceability of the Asserted
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`Claims in any administrative or judicial proceeding to enforce the Consent Order.
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`11. Pursuant to 19 C.F.R. § 210.21(c)(4)(ix), when the ’392 patent expires, this Consent
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`Order shall become null and void as to such.
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`12. Pursuant to 19 C.F.R. § 210.21(c)(x), if any claim of the ’392 patent is held invalid or
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`unenforceable by a court or agency of competent jurisdiction or if any article has been
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`adjudicated not to infringe the asserted right in a final decision, no longer subject to
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`appeal, this Consent Order shall become null and void as to such invalid or
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`unenforceable claim or adjudicated article.
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`3
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`13. Pursuant to 19 C.F.R. § 210.21(c)(4)(xi), Sharda USA has admitted that the
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`Commission has in rem jurisdiction over Subject Articles that are the basis of this
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`Investigation, in personam jurisdiction over Sharda USA for the purposes of this
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`Consent Oder, and subject matter jurisdiction over this Investigation.
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`14. Pursuant to 19 C.F.R. § 210.21(c)(xii), this Investigation is hereby terminated;
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`provided, however, that enforcement, modification, or revocation of the Consent Order
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`shall be carried out pursuant to Subpart I of the Commission’s Rules of Practice and
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`Procedure, 19 C.F.R. part 210.
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`By order of the Commission.
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`Issued: April 12, 2022
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` Lisa R. Barton
` Secretary to the Commission
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`4
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