Des Moines, Iowa
October 17, 2002
Pioneer Hi-Bred International, Inc., filed a lawsuit today
in the U.S. District Court for the Southern
District of Iowa in Des Moines against
Syngenta Seeds, Inc., for
trade-secret misappropriation and infringement of its
proprietary hybrid corn and parent seed.
The suit charges Syngenta with
using Pioneer's proprietary germplasm without permission,
reproducing that germplasm and incorporating it into commercial
products.
Germplasm is the genetic material
and parent lineage that seed breeders use to develop new and
improved seed varieties. As the building block for Pioneer's
research program, the company takes extensive measures to
protect it.
"We take actions like this to
protect our research investments, which include more than $1
billion in the last five years alone. We also feel we need to
protect farmers who want to spread their production risks by
planting different corn hybrids," said Jim Miller, Pioneer vice
president, crop genetics research and development.
One way corn growers spread their
production risks each year is to plant a diverse selection of
corn hybrids assuming those hybrids contain a different
germplasm base. This practice helps them prevent loss of yield,
and income, in the event one hybrid does not perform as well as
expected due to extreme
weather or other challenges during the growing season.
This practice also helps protect
consumers from widespread crop shortages due to a single
challenge from the weather, disease, or insects. To help farmers
maximize production and minimize risk, Pioneer carefully manages
its hybrid development to ensure farmers receive varieties with
unique genetics within their specific geographic region.
However, that protection cannot be assured if corn breeders from
other companies are using Pioneer's proprietary germplasm
without permission.
"The time has come for the seed
industry to work together to halt practices that puts our
industry and farmers at risk," Miller said. Efforts to protect
corn-breeding material are not new for Pioneer. In 1992, Holden
Foundation Seeds, Inc., Williamsburg, Iowa, was ordered to pay
Pioneer $46.7 million and return breeding material back to
Pioneer. In 2000, Cargill agreed to pay Pioneer $100 million and
destroy plant breeding material to settle a germplasm protection
lawsuit.
In 2001, Pioneer won a U.S.
Supreme Court case affirming a company's ability to protect its
genetic material. Monsanto agreed in 2002 to settle germplasm
protection lawsuits between Pioneer and Monsanto seed units
DeKalb and Asgrow on terms that included a Plant Breeding Accord
affirming the
intellectual property and other rights that protect proprietary
germplasm.
Pioneer Hi-Bred International,
Inc., a subsidiary of DuPont, is the world's leading source of
customized solutions for farmers, livestock producers, and grain
and oilseed processors. With headquarters in Des Moines, Iowa,
Pioneer provides access to advanced plant genetics, crop
protection solutions, and quality crop systems to customers in
nearly 70 countries. During 2002, DuPont is celebrating its
200th year of scientific achievement and innovation -- providing
products and services that improve the lives of people
everywhere. Based in Wilmington, Del., DuPont delivers
science-based solutions for markets that make a difference in
people's lives in food and nutrition; health care; apparel; home
and construction; electronics; and transportation.
|