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Syngenta Crop Protection, Inc. v. Helliker

ELR Citation: 36 ELR 20046
Nos. No. B175450, (Cal. App. 2d Dist., 02/27/2006)

A court holds that under former California Food and Agricultural Code §12811.5, the state pesticides department may not actively or passively consider data submitted by an original registrant when considering a subsequent application for registration by another applicant who does not have the original registrant's written consent. The subsequent amendment to this provision did not render pesticide manufacturers' claims moot, and whether the department actually violated this provision when it considered the manufacturers' data without their consent in evaluating another company's pesticide registration application depends on triable issues of material fact. There also are triable issues of material fact as to whether the department's use of trade secret data constitutes an unconstitutional taking, and whether the manufacturing companies are entitled to an injunction under the Uniform Trade Secrets Act. The lower court's judgment in favor of the department was therefore reversed and remanded.