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US Patent and Trademark Office rules in favor of Syngenta

Basel, Switzerland
July 05,  2001

The US Patent and Trademark Office (USPTO) has ruled that Syngenta was the first to invent a class of neonicotinoid insecticides, which includes the company's proprietary compound thiamethoxam. Syngenta's thiamethoxam-based products include ADAGE(R), HELIX(R), ACTARA(TM), PLATINUM(TM) and CENTRIC(TM).

The USPTO issued its decision on June 27, in a proceeding regarding Bayer's US Patent No. 5,719,146 and a pending Syngenta patent application. The decision means that all claims contained in Bayer's patent are invalid because the compounds claimed were different from those described.

Syngenta also challenged the validity of this patent in response to a lawsuit filed by Bayer in Louisiana in November 1998, which remains to be resolved following the USPTO decision.

Syngenta filed a lawsuit in Delaware in May 2001, challenging the validity of another Bayer US Patent, No. 6,232,309. This patent, which covers the same compounds as the earlier patent and again claims compounds which are different from those described, is also the subject of a further lawsuit by Bayer against Syngenta in Louisiana.

Syngenta remains confident that its actions do not infringe any valid and enforceable Bayer patents and will continue to vigorously defend its rights to market products based on thiamethoxam.

Syngenta (NYSE: SYT) is a world leading agribusiness. The company ranks first in crop protection, and third in the high-value commercial seeds market. Pro forma sales in 2000 were approximately $6.9 billion. Syngenta employs more than 20,000 people in more than 50 countries. The company is committed to sustainable agriculture through innovative research and technology. Formed in November 2000 by the merger of Novartis Agribusiness and Zeneca Agrochemicals, Syngenta is listed on the Swiss stock exchange, and in London, New York and Stockholm. Further information is available at www.syngenta.com

Company news release
N3636

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