St. Louis, Missouri
July 28, 2004
Monsanto Company (NYSE:
MON) yesterday expanded a breach-of-contract lawsuit and is now
seeking damages and termination of the Roundup Ready soybean
license that Monsanto originally granted to Ciba-Geigy Corp.,
one of Syngenta's
corporate predecessors.
"We've
built our business on two commitments," said Carl Casale,
executive vice president of Monsanto. "The first is to develop
innovative, value-added products that help our farmer customers
become more competitive and profitable while protecting the
environment. The second is to offer farmers more choices by
broadly licensing these products to seed companies.
"There
are obligations that all parties must respect in order to
properly license these value-added biotechnology products,"
Casale said. "Unfortunately, Syngenta has chosen not to live up
to these obligations, so we must act to protect our rights and
those of our other licensees."
Monsanto
filed the amended complaint under seal in Missouri state circuit
court in St. Louis County on July 27. The company's original
breach-of-contract lawsuit was filed in this court on May 10,
2004, and asked that the court determine that Syngenta is
limited by its license from Monsanto to commercializing Roundup
Ready soybeans under one product brand.
Also
yesterday, a Monsanto subsidiary initiated a patent infringement
lawsuit in Illinois federal court to enjoin Syngenta Seeds,
Inc., from developing, using and selling herbicide-tolerant corn
seed such as Monsanto's GA21 Roundup Ready corn product.
This
lawsuit was filed in the U.S. District Court in Rockford for
infringement of patents issued to DEKALB Genetics Corporation,
now a Monsanto subsidiary. Monsanto via DEKALB is requesting an
injunction preventing Syngenta and its agents from further
infringement of these patents, which cover inventions relating
to glyphosate-tolerant transgenic corn.
These
latest legal actions taken by Monsanto are in addition to an
existing patent-infringement suit Monsanto filed against
Syngenta in the U.S. District Court in Wilmington, Del., on May
12 for violation of a Monsanto patent related to
glyphosate-tolerant plants.
Monsanto Company is a leading global provider of
technology-based solutions and agricultural products that
improve farm productivity and food quality.
Roundup Ready and GA21 are registered trademarks
of Monsanto Company.
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