Indianapolis, Indiana
December 23, 1999Mycogen Plant Science, Inc., an affiliate of Dow AgroSciences LLC, announced today it has filed suit
in the Federal Court of Australia, Victoria District Registry (Melbourne), against
Monsanto Australia Limited and DeltaPine Australia Pty Limited, Australian subsidiaries of
Monsanto Company of St. Louis, Missouri, and Delta
& Pine Land Company of Scott, Mississippi. The suit alleges that Monsanto and
DeltaPine have infringed two important biotechnology patents which Mycogen holds in
Australia. The Mycogen patents cover the use of synthetic Bacillus thuringiensis
(``B.t.'') insecticidal proteins in crops. Mycogen's suit alleges that the sale of
genetically modified cotton seeds in Australia by Monsanto and DeltaPine have infringed
the Mycogen patents. The suit seeks monetary damages and other remedies as may be allowed
by the courts.
``We believe this suit is a crucial step in protecting the intellectual property assets of
Mycogen Plant Sciences,'' said Nickolas D. Hein, Vice President for Plant Genetics and
Biotechnology of Dow AgroSciences. ``Importantly, Australian patent law focuses on 'first
to file,' and it is indisputable that Mycogen filed for its B.t. patents in Australia
before any other party filed for similar patents. We are extremely optimistic about our
ability to enforce our patents in this important and strategic world market for cotton.''
Dow AgroSciences LLC, based in Indianapolis, IN, 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 safety, health and quality of life of the world's growing
population. The
company employs more than 3,500 people in over 53 countries and has worldwide sales of
approximately $2.5 billion. Dow AgroSciences is a wholly owned subsidiary of The Dow
Chemical
Company.
Company news release
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