Greensboro, North Carolina
April 22, 1999DEKALB Genetics Corporation will seek to have damage
awards set aside by the trial judge after a jury ruling today in U.S. District Court here
in a lawsuit brought against DEKALB by Rhone
Poulenc Agrochemie (RPA). DEKALB also will ask to have the jury verdict overturned. If
necessary, DEKALB will seek an expedited appeal to the Fourth Circuit Court of Appeals.
The jury awarded $15 million in damages for past sales of DEKALB's Roundup Ready corn, $1
in nominal damages, and punitive damages of $50 million. Yesterday, the jury ruled that a
1994
licensing agreement between DEKALB, a seed company now owned by Monsanto Company,
and RPA was not valid.
"We will immediately seek to have these awards set aside,'' said David F. Snively,
assistant
general counsel litigation for Monsanto. "The awards are clearly excessive given the
fact that
the dispute revolves around the innocent failure of DEKALB to fully communicate the
results
from a single, preliminary field test of corn developed using RPA's technology.''
"While we are disappointed with this temporary setback, it will have no immediate
effect on our
ability to offer growers Roundup Ready corn and we will take all actions available to
assure that
no marketplace disruption occurs. In addition to current products, next-generation Roundup
Ready corn products using Monsanto's proprietary technology should be commercially
available
within 24 months.''
At issue in this trial was a 1994 licensing agreement that granted DEKALB rights to use
certain
RPA technology for corn tolerant to Roundup herbicide. RPA alleged that the 1994 agreement
was invalid because it was unaware of specific results from a single, preliminary field
test of corn
developed using this technology.
Monsanto and DEKALB believe that the license from RPA was valid and fairly obtained, and
that DEKALB had full rights to commercialize products developed with the licensed
technology.
Monsanto is a life sciences company, committed to finding solutions to the growing global
needs
for food and health by sharing common forms of science and technology among agriculture,
nutrition and health. The company's 31,800 employees worldwide make and market high-value
agricultural products, pharmaceuticals and food ingredients.
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