Biotech Updates

BASF, DuPont Sue Each Other Over Patent Infringements

June 5, 2009

BASF Plant Science GmbH and rival company DuPont, two of the biggest players in the agricultural biotech arena, are set to face each other in court. The companies traded lawsuits earlier this week, each accusing the other of patent infringement relating to herbicide-tolerance technology.

BASF sued DuPont and its owned subsidiary Pioneer Hi-Bred International over an alleged unlawful use of its patented promoter in DuPont's Optimum GAT corn. Promoters are short stretches of DNA that control the activity of nearby genes. BASF seeks an injunction and damages against DuPont. The company also seeks to declare invalid and unenforceable DuPont patents for technology relating to herbicide tolerance.

DuPont, on the other hand, filed a lawsuit against BASF claiming the German chemical company is infringing four patents related to biotechnology traits similar to those used in the Optimum GAT trait. In addition to compensation, DuPont wants the court to invalidate a related BASF patent. DuPont had a similar squabble with Monsanto Company a month ago. Monsanto sued the Delaware-based company over an alleged unlawful use of Monsanto's Roundup Ready technologies in a new Pioneer herbicide-tolerant soybean line.

Read http://www2.basf.us/corporate/news_2009/news_release_2009_00124.htm and http://www2.dupont.com/Media_Center/en_US/daily_news/june/article20090603a.html for more information