Indianapolis, Indiana
June 5,  2001

On May 30, 2001, the United States Court of Appeals for the Federal Circuit ruled that Mycogen Plant Science, Inc. is entitled to continue a biotechnology-related patent infringement suit against
Monsanto Company. The Mycogen patent at issue covers a process for increasing the expression of Bacillus thuringiensis ("B.t.") insect resistance traits in crops. 

In its decision, the Federal Circuit ruled that the United States District Court for the Southern District of California erred when it found that Mycogen's patent was invalid and granted summary judgment in favor of Monsanto. The case has now been returned to the district court where it will proceed. 

"We are extremely pleased that the Federal Circuit has reinstated this patent, which represents an important Mycogen invention in the area of biotechnology and crop protection," said Pete Siggelko, Global Business Leader of Biotechnology & Plant Genetics for Dow AgroSciences LLC, Mycogen's affiliated company. 

"We plan to continue our aggressive protection of Mycogen's intellectual property -- a significant asset of the company," Siggelko said. 

Guy Relford, Global Legal Counsel - Litigation for Dow AgroSciences, added, "This victory for Mycogen is extremely significant. Mycogen's patent covers a process for synthesizing a B.t. gene to attain commercially valuable levels of insect control in crops. We believe that virtually every company engaged in the development of B.t. products is utilizing Mycogen's patented process." 

Mycogen Plant Science, Inc. and Agrigenetics, Inc. d/b/a Mycogen Seeds are indirect wholly-owned subsidiaries of The Dow Chemical Company and affiliates of Dow AgroSciences LLC. Mycogen Seeds markets grain corn, silage corn and nutritionally enhanced corn seed, as well as sunflower, canola, soybean, alfalfa and sorghum seed through a distribution system of sales representatives, distributors and retail outlets in the Corn Belt, the eastern United States and in major dairy areas throughout the country. For more information about Mycogen, visit www.mycogen.com . 

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 safety, health and quality of life of the world's growing population. Dow AgroSciences has approximately 6,000 people in over 50 countries dedicated to its business, and has worldwide sales of more than US $3 billion. Dow AgroSciences is an indirect wholly-owned subsidiary of The Dow Chemical Company. For more information about Dow AgroSciences, visit www.dowagro.com .  

Company news release
N3566