St. Louis, Missouri
May 20, 2004
Monsanto Company (NYSE:
MON) today announced that it is seeking the right to terminate
its licensing agreements with
Delta and Pine Land (D&PL) Company because of long-standing
unresolved business disputes. Monsanto filed its request with
the American Arbitration Association (AAA) after several
attempts to resolve issues directly with D&PL during the past
two years failed.
"If we are successful in the
arbitration, we will work to minimize potential seed supply
disruptions. We have various options to do this, including
terminating Delta and Pine Land's licensing agreements in a
timeframe that we believe will minimize the effect in the
marketplace," said Kerry Preete, Vice President of U.S. Crop
Production for Monsanto.
The company is asking AAA to
determine that Monsanto has the right to terminate the 1996 U.S.
licensing agreements that provide D&PL with access to Monsanto's
Bollgard insect-protected cotton and Roundup Ready
herbicide-tolerant technologies for cotton. Monsanto believes
D&PL has violated its duties to and its contracts with Monsanto
in a variety of ways including:
(1) Failing to calculate, collect and ensure that Monsanto was
paid all royalty amounts due under the agreements;
(2) Breaching its fiduciary duty to Monsanto as the Managing
Agent of D&M Partners by neglecting to properly collect and
allocate the income of the D&M partnership; and
(3) Misusing Monsanto's intellectual property by inappropriately
providing our technology to an unlicensed party.
"Monsanto remains committed to
licensing our technology so that our value-added traits are
available to U.S. cotton growers in a broad range of varieties,"
Preete said. "This approach requires that the companies to whom
we license our technologies be responsible business partners and
stewards of the technology. If we believe one of our licensees
is not taking their responsibilities seriously, we must act to
protect our intellectual property, our other seed licensees, and
our shareowners."
Monsanto currently licenses its
cotton trait technologies, including the Roundup Ready
herbicide-tolerant trait and the Bollgard insect-protected
cotton traits, through 10 seed companies, including Delta and
Pine Land.
Monsanto Company
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