FMC CORP

Diamide Patents

The following is an update on certain matters related to enforcement of our diamide patents, described in our 2023 Form 10-K in Item 1 (“Patents, Trademarks and Licenses”).

As noted in prior disclosure, during the third quarter of 2022, the China Patent Review Board issued rulings regarding patents covering certain claims related to production of chlorantraniliprole which held that the two challenged patents were not valid in China. We appealed these decisions to the Beijing IP Court.

On March 28, 2024, the Beijing IP Court issued an administrative judgment dismissing FMC’s challenge to the Patent Review Board’s decision invalidating FMC’s patent covering a chemical intermediate involved in the production of chlorantraniliprole. We believe that this decision of the Beijing IP Court, like the underlying Patent Review Board’s decision, was seriously flawed both on procedural and substantive grounds. We have filed an appeal of this decision to the People’s Supreme Court of China.

On October 10, 2024, the Beijing IP Court issued an administrative judgment dismissing FMC’s challenge to the Patent Review Board’s decision invalidating FMC’s patent covering the process to manufacture chlorantraniliprole. We believe that this decision of the Beijing IP Court, like the underlying Patent Review Board’s decision, was seriously flawed both on procedural and substantive grounds. FMC will appeal this decision to the People’s Supreme Court of China.

Under Chinese law, the two patents remain valid but are not enforceable pending appeal. Given the unique and specific Chinese patent law issues at issue in that situation, we continue to believe that the China Patent Review Board’s decisions, as well as the recent Beijing IP Court decisions, would not materially adversely impact our enforcement of similar patents in other countries. Patent challenges in response to enforcement efforts are expected as an ordinary defense tactic in patent enforcement cases; we intend to defend vigorously any diamide patents that are challenged.

As described in our 2023 Form 10-K, we are deploying a multi-pronged strategy to defend the diamide business after active ingredient patent expiration, including enforcement of our patents in many countries which continue to cover chemical intermediates and manufacturing processes that are essential in the production of chlorantraniliprole. Patents involve complex factual and legal issues and thus each case must be litigated on its own merits. We often seek preliminary injunctive relief to stop sales of products which we believe to be infringing, but given the higher standards for obtaining preliminary injunctive relief, we may have difficulty prevailing in all cases at that preliminary stage. However, even in situations in which we are not able to prevail on interim relief, we intend to continue litigating in such cases and seek permanent injunctive relief and recovery of damages after a full trial on the merits.

Securities Trading Plans of Directors and Officers

On August 12, 2024, Jacqueline Scanlan, Executive Vice President and Chief Human Resources Officer, (an officer of the Company as defined in Rule 16a-1(f) of the Securities and Exchange Act of 1934), adopted a trading plan (the “Plan”) intended to satisfy the affirmative defense of Rule 10b5-1(c) of the Securities Exchange Act of 1934. The Plan provides for the sale of up to 11,171 shares. The Plan will terminate on the earlier of (i) August 15, 2025, (ii) the execution of all trades contemplated by the Plan, or (iii) the valid exercise of termination rights under the Plan by either Jacqueline Scanlan or the broker of the Plan.

No other directors or officers, as defined in Rule 16a-1(f) of the Securities Exchange Act of 1934, of the Company adopted orterminated (i) a Rule 10b5-1 trading arrangement, as defined in Item 408(a) under Regulation S-K of the Securities Act of 1933, or (ii) a non-Rule 10b5-1 trading arrangement, as defined in Item 408(c) under Regulation S-K of the Securities Act of 1933, during the three months ended September 30, 2024.