Greensboro, North
Carolina
February 21, 2000
A federal court judge here has affirmed a jury's
award of $65 million to Aventis CropScience in a verdict against DeKalb Genetics Corp. for
misappropriation of technology and patent infringements involving its Roundup Ready® corn seed.
The judge also cancelled a 1994 agreement between Aventis and DeKalb and enjoined
DeKalb from further commercialization of Roundup Ready corn.
In a written opinion, U.S. District Judge N. Carlton Tilley agreed with the verdicts by two separate
juries which in April and June 1999 found DeKalb had improperly obtained Aventis' glyphosate
tolerant corn technology, infringed Aventis' patent and misappropriated trade secrets when it
transferred technology to Monsanto and commercialized Roundup Ready corn.
The court's rulings on the post-trial motions confirm Aventis CropScience's ownership of traits that
provide the GA-21 variety of corn seed with the ability to tolerate applications of glyphosate, the
herbicide active ingredient in Roundup.
The judge, who presided in the trial that lead to the verdicts, gave DeKalb 30 days to file an
emergency appeal to stay the injunction, which will otherwise require DeKalb to destroy its
Roundup Ready corn seed.
Aventis CropScience is the new name of Rhone-Poulenc Agro, which merged with Hoechst
AgrEvo in 1999. Rhone-Poulenc Agro had filed suit against DeKalb and Monsanto in 1997,
claiming that the Roundup Ready corn seed was created from genetic material invented by
Rhone-Poulenc.
"This decision is significant because the judge affirmed an impartial jury's decision in reaching the
verdict it did - that our company was defrauded of its technology,'' said Alain Godard, president of
Aventis CropScience.
The judge also reaffirmed his decision to remove Monsanto from the suit. Aventis will appeal that
decision.
Aventis CropScience is a major crop protection and crop production company also involved in
leading environmental and public health activities. Committed to developing sustainable agriculture
worldwide, Aventis CropScience focuses on researching, developing and marketing innovative
solutions that meet the needs of today's farming - increased yields, improved crop and food quality
- while striving to respect the environment. With 1999 pro-forma sales of more than $4 billion,
Aventis CropScience devotes more than 10 percent of its sales to the research and development of
new chemicals, biotechnology and plant varieties. It employs about 16,000 people in more than
120 countries worldwide.
Aventis CropScience is part of the agricultural business area of Aventis, a
world leader in Life Sciences.
Roundup Ready® is a trademark of Monsanto Co.
Company news release
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