Des Moines, Iowa
July 22,1 999U.S. District Court Judge
Robert W. Pratt has denied a motion by Asgrow Seed Company
and DeKalb Genetics Corporation to dismiss a portion
of the lawsuits that allege they misappropriated seed germplasm from Pioneer Hi-Bred International, Inc.
"This is a significant ruling for Pioneer,'' said Rick McConnell, Pioneer senior vice
president for
research and product development. "Pioneer is spending millions every year to develop
our
germplasm. This ruling takes us a step closer to stopping our competitors from using the
fruit of our investment to develop their products - a practice that could put a farmer's
productivity at risk by reducing the genetic diversity of the products they plant.''
Pioneer sued DeKalb, Asgrow and Cargill Inc. in the US District Court for the Southern
District of
Iowa in Des Moines last fall. The suits alleged that the three competitors misappropriated
Pioneer's proprietary seed germplasm. DeKalb and Asgrow both filed motions arguing that
even though they used Pioneer genetics without permission, Pioneer could not legally
prevent them from doing so.
Judge Pratt rejected that argument last Friday ruling that the federal law did not
conflict with or
preempt Iowa law governing trade secrets, contracts or tort law. The ruling comes after
Asgrow and DeKalb admitted in court April 29, 1999, that 25 of the 26 hybrids Pioneer
identified in its initial filings did indeed contain Pioneer germplasm.
"While the strength of our case continues to grow, I'm disappointed that some of our
competitors
don't recognize the value of protecting intellectual property,'' said McConnell.
"Strong protection
stimulates investment in plant sciences and ultimately benefits consumers.''
The third defendant in the germplasm protection lawsuits, Cargill, did not file a similar
motion to
dismiss. Rather, it issued a statement in February that it had found "problem areas''
in its breeding program.
Pioneer Hi-Bred International, Inc., is the world's leading supplier of agricultural
genetics and is the leading developer and integrator of agricultural technology.
Headquartered in Des Moines, Iowa, Pioneer develops, produces, and markets a full line of
seeds, forage/grain additives and services to grain and livestock producers, grain
processors and other customers worldwide.
Company news release
N1987 |