Deciding in favor of Dow AgroSciences LLC today, a federal court jury invalidated all asserted claims of the sole remaining patent in a patent infringement suit brought by Syngenta Seeds. The suit had targeted three insect-protected corn products that include the insecticidal proteins from Bacillus thuringiensis (B.t.), sold by Dow AgroSciences and Monsanto Company.

Earlier in the trial proceedings, two related patents owned by Syngenta were eliminated from the case by a ruling of the United States District Court for the District of Delaware that Dow AgroSciences' and Monsanto's products did not infringe those patents, as a matter of law. The products at issue include Dow AgroSciences' Herculex(tm) I Insect Protection corn and YieldGard(tm), a B.t. corn product designed by Monsanto Company. A third Dow AgroSciences B.t. corn product, still in development, was also involved.

"This significant victory ensures that Dow AgroSciences will not be hindered in delivering value-added products to our customers," said the company's President and CEO Jerome Peribere. "It ensures our customers will have continued access to our outstanding technologies protecting crops against a wide variety of the most devastating pests in corn, including European Corn Borer and Western Bean Cutworm."

Together, the two recent rulings deny all of Syngenta's claims against Dow AgroSciences' and Monsanto's products based on these patents.

On Thursday, December 9, Chief Judge Sue L. Robinson ruled that two of the three Syngenta patents (numbers 6,320,100; and 6,075,185) were not infringed by any product in the lawsuit as a matter of law. The two patents involved technology for more efficient expression of B.t. insecticidal proteins in corn.

On Tuesday, December 14, the jury in the case found that the remaining Syngenta patent (6,403,865) is invalid and unenforceable because the subject matter of the patent was not actually invented by Syngenta. Separately, the jury found that the patents were invalid due to obviousness, considering earlier work in the field by others - including both Dow AgroSciences' affiliated company, Mycogen Corporation, and Monsanto.

"Dow AgroSciences is committed to providing the market with outstanding insect resistance products," said Pete Siggelko, vice president for Dow AgroSciences Plant Genetics and Biotechnology. "And we are equally committed to overcoming whatever obstacles are thrust in our path in our pursuit of this commitment, including costly court challenges by competitors based on invalid patents."

Dow AgroSciences LLC, based in Indianapolis, Indiana, USA, is a global leader in providing pest management and biotechnology products that improve the quality and quantity of the earth's food supply and contribute to the health and quality of life of the world's growing population. Dow AgroSciences has approximately 5,700 people in over 50 countries dedicated to its business, and has worldwide sales of approximately US $3 billion. Dow AgroSciences is a wholly owned indirect subsidiary of The Dow Chemical Company. For more information about Dow AgroSciences, visit www.dowagro.com.


(tm)Herculex I Insect Protection technology by Dow AgroSciences LLC and Pioneer Hi-Bred.
TMTrademark of Monsanto Company