In a unanimous decision announced October 25, the Supreme Court of California has granted Mycogen's petition for review in the case of Mycogen Plant Science, Inc. vs. Monsanto Company. In 1998, Mycogen won a jury verdict against Monsanto in the amount of $174.9 million, based on Monsanto's breach of a contract that obligated Monsanto to license agricultural biotechnology products to Mycogen. The issue to be reviewed by the Supreme Court is whether Mycogen, which also won an earlier suit against Monsanto to enforce the agreement, can maintain a later action for damages caused by Monsanto's delay in performance. In June of this year, the California Court of Appeals sided with Monsanto on that issue, overturning the jury's verdict. By accepting certiorari, the Supreme Court will be in a position to either affirm the Court of Appeals' decision or reinstate the jury's verdict against Monsanto.

"Obviously, we're extremely pleased that the Supreme Court has accepted our petition for review,''
stated William W. Wales, Vice President, Secretary and General Counsel of Dow AgroSciences
LLC, Mycogen's affiliated company. "We are confident that the Supreme Court will recognize that
breaching contracts should have consequences. The jury's verdict is an appropriate consequence for Monsanto's breach of contract in this case, and we believe the Supreme Court will ultimately
reinstate it.''

All of the Supreme Court justices voted to review the case, with one abstention.

Mycogen Plant Science, Inc., is a wholly owned subsidiary of The Dow Chemical Company and is an affiliate of Dow AgroSciences LLC. Mycogen markets grain corn, silage corn and nutritionally enhanced corn seed, as well as sunflower, canola, soybean, alfalfa and sorghum seed through a distribution system of sales representatives, distributors and retail outlets in the Corn Belt, the eastern United States and in major dairy areas throughout the country. 

Company news release
N3091