Biagro Western Sales, Inc. v. Helena Chemical Co.

MEMORANDUM OPINION AND ORDER RE: PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

Plaintiff, BIAGRO WESTERN SALES, INC., moves for a preliminary injunction against Defendant, HELENA CHEMICAL COMPANY. Jurisdiction is invoked under 28 U.S.C.’ §§ 1331 and 1338. See Doc. 1, ¶ 5. Oral argument was held April 16, 2001.

II. BACKGROUND

Plaintiff is a California corporation with its principal place of business in Visalia, California. See Doc. 1, ¶ 3. Plaintiffs sole business is the manufacture and sale of agricultural fertilizers derived from phosphorous acid. See Alvitre Dec., ¶ 3. On August 31, 1993, Plaintiff entered into an Exclusive License Agreement with The Regents of the University of California (“the Regents”) to utilize technology replacing phosphates with phosphites as a nutrient source for plants. See Alvitre Dec., ¶ 2; Supp. Alvitre Dec., ¶ 2. Plaintiffs license includes the technology described in United States Patent No. 6,113,-666 (“the ’666 Patent”) issued September 6, 2000. See id. The ’666 patent was issued to the Regents as the assignee of the inventor, Carol J. Lovatt. See Miller Dec., ¶ 2. Several of plaintiffs products use the formulation described…