Friday, August 26, 2011

Bayer CropScience Complaint Filed Against Dow AgroSciences

Unauthorized Use of Bayer’s Intellectual Property on Herbicide-Tolerant Plants

Research Triangle Park, August 26, 2011 – Bayer CropScience announced today that it has amended its patent infringement lawsuit pending in the United States District Court for the District of Delaware against Dow AgroSciences (DAS) following the announcement by DAS that it has applied for approval to launch a three-gene herbicide tolerant soybean under the Dow Enlist brand name.

Bayer's existing suit asserts that DAS's previously announced Dow Enlist brand corn, soybeans and cotton infringe Bayer's 2,4-D herbicide tolerance patents. In the amendment, Bayer claims that DAS's newly announced products also infringe several Bayer patents covering glyphosate-tolerant plants. This complaint now seeks a permanent injunction both against DAS's unauthorized use of the company’s 2,4-D herbicide tolerance patents and Bayer's glyphosate tolerance patents. "Respect for intellectual property is the foundation for any research-based business" said Margaret Keating, Associate General Counsel for Bayer CropScience "and we intend to vigorously enforce our property rights."

Bayer CropScience is a global leader in providing innovative solutions in support of modern agriculture. The company is committed to delivering high-yielding seed and innovative trait technologies to help farmers worldwide meet the ever-increasing demand for affordable, high-quality food, feed, fiber and energy crops.

About Bayer CropScience
Bayer is a global enterprise with core competencies in the fields of health care, nutrition and high-tech materials. Bayer CropScience, a subgroup of Bayer AG with annual sales of EUR 6.830 billion (2010), is one of the world’s leading innovative crop science companies in the areas of crop protection, non-agricultural pest control, seeds and traits. The company offers an outstanding range of products and extensive service backup for modern, sustainable agriculture and for non-agricultural applications. Bayer CropScience has a global workforce of 20,700 and is represented in more than 120 countries. This and further news is available at: www.press.bayercropscience.com.

Contact:
Jack Boyne, Bayer CropScience,
jack.boyne@bayer.com
Telephone: +1-919-549-2231
Website: www.BayerCropScienceUS.com

Media hotline: Bayer’s media hotline is also available to handle your questions 24 hours, 7 days a week by calling: +1-877-879-6162

Forward-Looking Statements
This release may contain forward-looking statements based on current assumptions and forecasts made by Bayer Group or subgroup management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer’s public reports which are available on the Bayer website at www.bayer.com. The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.

USA-BCS-2011-0545

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