The Andersons’ patents deemed valid, lawsuit continues

The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office upheld the validity of three dispersible granule technology patents owned by The Andersons.

The Andersons introduced its dispersible granular technology in 2004 under the brand name Contec DG.

The patents were challenged in response to a patent infringement lawsuit filed by The Andersons in U.S. District Court for the Middle District of Florida against Enviro Granulation of South Carolina; Enviro Granulation of Ontario, Canada; Plant Science of Ontario; and Harrell’s of Lakeland, Fla. The decision allows The Andersons’ lawsuit to continue. The board ruled that the petitions failed to establish a reasonable likelihood of prevailing in challenging the validity of the claims of any of the three patents.

“The lawsuit now continues,” said Bill Wolf, president of The Andersons’ Plant Nutrient and Turf & Specialty groups. “This is one step, but a very significant one, in our on-going practice of vigorously defending our patented products.”