Syngenta files suit to enforce biotechnology patents
26 Jul 2002
Syngenta has filed two law suits against Monsanto, DeKalb Genetics, Pioneer Hi-Bred, Delta and Pine Land, Dow AgroSciences and Mycogen Seeds in the 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 and Herculex insect resistant corn products and Roundup Ready and Bollgard 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 have been 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.
