Monsanto v. DuPont

On Tuesday, June 18, 2009, DuPont answered Monsanto’s patent complaint and filed counterclaims against Monsanto. To view Associated Press story on Forbes, click here. According to the story,

[t]he spat comes as pressure heats up in the agricultural sector for seeds that not only grow into plants, but also come equipped with other features - like drought or herbicide tolerance - that ultimately boost food production.

According to DuPont,

an existing licensing agreement gives it wide berth to pair Monsanto's Roundup Ready, which bolsters a plant's tolerance against weed-killing chemicals, with its own soybeans and herbicide line, a process known as "stacking."

DuPont views the lawsuit as a tactic to further restrict the availability of competitive products from the market.

DuPont, in its answer,

affirmed that combining, or "stacking," of Optimum GAT and Roundup Ready technologies is clearly within its rights under the license agreement with Monsanto. DuPont also said that patents relating to Monsanto's Roundup Ready soybeans are invalid and, therefore, are not infringed when Optimum GAT and Roundup Ready traits are "stacked" in soybeans. In addition, DuPont is seeking broad relief under anti-trust laws that would end Monsanto's multifaceted, anti-competitive scheme to unlawfully restrict competition.

To view story on the Oklahoma Farm Report, click here.

The AP story stated the suit filed last month, Monsanto claims that

DuPont's Pioneer seed business is misusing the traits to mask problems with its own Optimum herbicide line, violating Monsanto's contract rights and U.S. patents.

"As the saying goes, imitation is the sincerest form of flattery," Hugh Grant, Monsanto's chief executive, said at the time of the filing. "However, unlawfully taking technology is neither imitation nor flattery; it is unethical and wrong."

For more on this subject click here to view Reuters story.

For Monsanto’s explanation for the suit, click here.

To view original redacted complaint, click here.

For the DuPont explanation of the suit, click here.

To view redacted counterclaim, click here.

The case is: Monsanto v. Dupont, 09-cv-00686 and was filed in the United States District Court for the Eastern District of Missouri in St. Louis, Mo.

Posted: 06/17/09