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Bayer CropScience and Monsanto reach agreement providing farmers broader access to patented technology
St. Louis, Missouri and Monheim, Germany
October 14, 2003

Agreement settles multiple patent disputes

Bayer CropScience AG and Monsanto Company announced today a broad-reaching business agreement that will provide farmers worldwide greater access to the new agricultural technologies being developed by both companies. Today's agreement dismisses several long-pending lawsuits and resolves several outstanding patent disputes between the companies.

The companies agreed to cross-license each other under their respective patent estates for herbicide tolerance and insect resistance technologies.

"These agreements will enable us to focus on serving our customers rather than spending our energy on lengthy legal disputes. We look forward to a more positive business environment to develop and commercialize innovative plant biotechnology products," said Bernward Garthoff, Bayer CropScience's Chief Technology Officer.

"This is a win for farmers and a positive development for the agricultural industry," said Robert T. Fraley, Ph.D., Executive Vice President and Chief Technology Officer for Monsanto. "This agreement will allow us to accelerate the development of our pipeline and bring new products to farmers around the globe."

The agreement includes the following:

  • Monsanto and Bayer cross-license enabling technology for certain herbicide-tolerant crops. In part, this agreement enables broader farmer access to glufosinate-tolerant and glyphosate-tolerant crops.
  • Bayer provides Monsanto with a non-exclusive, royalty-bearing license to Bayer's technology related to Monsanto's corn-rootworm product.
  • Monsanto amends Bayer's existing non-exclusive, royalty-bearing licenses for use of Monsanto's herbicide-tolerant and insect-protected technologies for cotton.
  • Bayer amends Monsanto's existing non-exclusive, royalty-bearing license for use of Bayer's Dual Bt insect-protected enabling technology to provide more favorable terms for all crops.

Additional details of the agreement were not disclosed.

Monsanto Company is a leading provider of technology-based solutions and agricultural products that improve farm productivity.

Bayer CropScience, a subsidiary of Bayer AG with annual sales of some EUR 6 billion, is one of the world's leading innovative crop science companies in the areas of crop protection, seeds and green biotechnology, as well as non- agricultural pest control. The company offers an outstanding range of products and extensive service backup for modern, sustainable agriculture and for non-agricultural applications. Bayer CropScience has a global workforce of more than 20,000 and is represented in 122 countries, ensuring proximity to dealers and consumers.

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