Dekalb, Illinois and
Indianapolis, Indiana
October 10, 2001
DEKALB Genetics Corporation and
Dow AgroSciences LLC
jointly announced today the resolution of a significant patent
dispute regarding the use of Bacillus thuringiensis (Bt)
insect-resistance technology in corn.
In a lawsuit filed in U.S. District Court for the Northern
District of Illinois, DEKALB had alleged that Dow AgroSciences'
pipeline Bt corn products, including Herculex* I
insect-resistant corn, which Dow AgroSciences plans to introduce
in 2002, violated multiple patents held by DEKALB which cover
various technologies involving the use of Bt in corn. Through a
license and settlement agreement, Dow AgroSciences has obtained
a license to the DEKALB patents for the sale of Herculex corn,
as well as Dow AgroSciences' pipeline Bt product intended to
control corn rootworm, in exchange for the payment of a royalty
to DEKALB. The financial terms of the settlement are
confidential.
"We are very pleased to resolve this dispute and remove a
potential obstacle to the launch of Herculex corn next year,"
said Pete Siggelko, global leader of plant genetics and
biotechnology of Dow AgroSciences. "We believe that Herculex
will provide valuable and cost-effective insect control
technology to the American corn grower, and we are excited to
have resolved this legal issue prior to our planned market
introduction."
"As an authorized licensee of DEKALB's Bt intellectual property,
Dow AgroSciences now has important rights necessary to
commercialize future insect-protected corn seed products," said
Bruce P. Bickner, chairman and chief executive of DEKALB. "More
importantly, this settlement agreement and license provides the
foundation for a new relationship between Monsanto and Dow
AgroSciences, in which the companies are exploring further
opportunities to resolve remaining intellectual property
conflicts between them in a manner that will be mutually
beneficial."
DEKALB is a wholly-owned subsidiary of Monsanto Company, a
leading global provider of technology-based solutions and
agricultural products that improve farm productivity and food
quality. For more information on Monsanto and biotechnology see:
www.monsanto.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 world-wide 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
N3865
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