Basel, Switzerland
July 26, 2002
Syngenta Corporation filed
suit yesterday against Monsanto, DeKalb Genetics, Pioneer
Hi-Bred, Delta and Pine Land, Dow AgroSciences and Mycogen Seeds
in Federal District Court in Delaware to stop the unlawful
infringement of US biotechnology patents covering transgenic
corn and cotton, which are either owned by or exclusively
licensed to Syngenta.
Specifically, Syngenta asserts that YieldGard(R) and
Herculex(TM) I insect resistant corn products and Roundup
Ready(R) and Bollgard(R) cotton products fall within the scope
of its patent rights. Syngenta is seeking damages and injunctive
relief to stop Monsanto, DeKalb Genetics, Pioneer Hi-Bred, Delta
and Pine Land, Dow AgroSciences and Mycogen Seeds from selling
these products and from developing further infringing products.
"It is clear that nothing short of this comprehensive action
will stop the ongoing violation of our intellectual property
rights," said David Jones, Head of Plant Science at Syngenta.
"Our competitors are proceeding without regard to our patents.
We are prosecuting these actions to stop their infringing
activities."
Two separate lawsuits are filed. In the first, Syngenta charges
that Monsanto, DeKalb Genetics, Pioneer Hi-Bred, Dow
AgroSciences and Mycogen Seeds are infringing one or more of US
Patent No. 6,075,185, US Patent No. 6,320,100, and US Patent No.
6,403,865. These patents cover synthetic Bt genes with increased
expression in corn and corn plants resistant to insects such as
European corn borer; patent cover includes corn plants with such
genes either alone or stacked with other traits.
In a second lawsuit, Syngenta asserts that Monsanto and Delta
and Pine Land are infringing US Patent No. 6,051,757, which
covers methods of transferring genes into broadleaf plants such
as cotton and soybeans using Agrobacterium and related methods
of breeding. This patent emanates from the work of Syngenta
scientist Dr. Mary-Dell Chilton, who is a co-inventor and was
the first to successfully insert transgenes into plants.
These actions are unrelated to a patent interference proceeding
between Syngenta, Monsanto and other third parties contesting
rights to a US patent covering all transgenic broadleaf plants
per se, including soybeans, cotton and canola.
Syngenta is a world-leading agribusiness. The company ranks
first in crop protection, and third in the high-value commercial
seeds market. Sales in 2001 were approximately US $6.3 billion.
Syngenta employs more than 20,000 people in over 50 countries.
The company is committed to sustainable agriculture through
innovative Research and Technology. Syngenta is listed on the
Swiss stock exchange and in London, New York and Stockholm.
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