St. Louis, Missouri
November 22, 2005
Monsanto Company (NYSE:
MON) announced today that a jury has found in favor of Monsanto
in a patent infringement and validity case related to
insect-protection technology in corn. The jury found that
Monsanto did not infringe U.S. Patent No. 5,545,565 assigned to
Bayer CropScience. The jury also found that this patent was
invalid.
"The jury's findings are
further confirmation that Monsanto's scientists were the first
to invent the Bacillus thuringiensis (Bt) insect-resistant corn
technology and prove that it works," said Robert T. Fraley,
Ph.D., executive vice president and chief technology officer for
Monsanto. "This legal victory will help ensure that Monsanto can
continue to deliver to farmers important crop-improvement
technology - specifically the synthetic Bt gene technology that
helps protect plants against insects that otherwise would lower
the quality and yield of their crop."
Monsanto Company first brought
insect-protected corn to the marketplace in the form of
YieldGard Corn Borer in 1997. In a lawsuit filed against
some of Monsanto's technology licensees in August 2000, Bayer
CropScience alleged that the technology used in YieldGard
Corn Borer infringed four of their patents.
On Dec. 4, 2000, Monsanto filed
suit in the U.S. District Court for the Eastern District of
Missouri in St. Louis for a declaratory judgment against Bayer
CropScience that four patents, assigned to Bayer CropScience,
involving claims to truncated Bt technology were invalid and not
infringed by MON 810 in YieldGard corn.
Bayer CropScience
counterclaimed to request royalties for prior sales of
YieldGard corn and injunctive relief. On June 22, 2004,
Bayer CropScience dismissed its claims on three of the four
patents in dispute, leaving only the one in this case to be
litigated.
Monsanto Company is a
leading global provider of technology-based solutions and
agricultural products that improve farm productivity and food
quality.
YieldGard is a registered
trademark of Monsanto Technology LLC |