Wilmington, Delaware
June 1, 2009
DuPont today filed a lawsuit claiming
BASF is infringing four
patents relating to biotechnology traits similar to those used
in DuPont’s proprietary Optimum® GAT® trait. The patents listed
in the lawsuit confer tolerance to an herbicide class with
excellent environmental characteristics known as ALS inhibitors
and pertain to certain methods for controlling weeds. The
lawsuit was filed today in U.S Federal Court in the District of
Delaware.
Through the lawsuit, DuPont is requesting BASF acknowledge the
validity of DuPont’s patents related to the ALS tolerance trait
and provide the company reasonable compensation for their use.
DuPont is also asking the court to declare BASF patents on a
trait promoter invalid and rule that DuPont does not infringe
those patents when it uses its own proprietary trait in ALS
tolerant crops.
“As a market-driven science company, DuPont takes appropriate
actions to protect our proprietary information for the benefit
of our shareholders and customers,” said DuPont group vice
president James C. Borel. “We respect valid intellectual
property claims of others and expect them to do the same. At the
same time, we have a responsibility to challenge patents that
have no validity. It was only after efforts to seek clarity from
BASF failed that we decided to take today’s action.”
DuPont is a science-based products and services company.
Founded in 1802, DuPont puts science to work by creating
sustainable solutions essential to a better, safer, healthier
life for people everywhere. Operating in more than 70 countries,
DuPont offers a wide range of innovative products and services
for markets including agriculture and food; building and
construction; communications; and transportation.
The DuPont Oval Logo, DuPont™, The miracles of science™ and
Optimum® GAT® are registered trademarks or trademarks of DuPont
or its affiliates.
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