Exosect says Bayer infringed on its Canadian patent

Winchester, U.K.-based Exosect Ltd. said it has commenced legal proceedings against Bayer CropScience Inc. for infringing its Canadian patent (CA2861526).

The patent relates to, among other things, the use of synthetic waxes, such as polyethylene wax, as a lubricant/fluency agent to improve the flowability of plant seeds and reduce the risk of dust drift. This technology brings forward significant improvements in seed flow lubricants, the company said.

Exosect Ltd. was granted a patent in the U.K. and Canada for improved seed flowability and for improved methods of sowing seeds for dust drift reduction, using its proprietary technology platform, Entostat® on 3 February 2015.

Entostat is a dry micro-powder, based on natural and/or synthetic waxes and has electrostatic properties. It is used as a delivery platform for a wide range of active ingredients including synthetic chemicals, biopesticides and biostimulants.

In Canada, the majority of corn and soybean crops use a neonicotinoid insecticide seed treatment. Such treated seeds must be applied using seed flow lubricants, which replace talc and graphite. Talc and graphite are no longer permitted because they were found to detach easily from the seed to create insecticide-containing dust.

Bayer started introducing its fluency agent for use in planting in the U.S. and Canada in 2014.