Monday, November 7, 2011

Bayer CropScience Files Additional Patent Infringement Lawsuit Against Dow AgroSciences

Unauthorized Use of Bayer's Herbicide Tolerant Plant Intellectual Property

RESEARCH TRIANGLE PARK, N.C. (Nov. 7, 2011) – Bayer CropScience announced today that it has filed a patent infringement lawsuit in the United States District Court for the District of Delaware against Dow AgroSciences (DAS) based upon DAS’s submission to the U.S. Department of Agriculture (USDA) for approval to commercialize a three-gene herbicide tolerant soybean under the Dow Enlist brand name.

As part of the lawsuit, Bayer requested a permanent injunction against DAS's unauthorized use of seven of Bayer's glyphosate tolerance patents.

"This additional patent infringement complaint filed against Dow AgroSciences serves as another example of our ongoing commitment to enforce our intellectual property rights," said Margaret Keating, Associate General Counsel for Bayer CropScience.

The lawsuit asserts infringement of seven Bayer patents covering glyphosate-tolerance technology.  The patent infringement claims had been previously included as an amendment to the company’s existing suit asserting that DAS's announced Dow Enlist brand corn, soybeans and cotton infringe Bayer's 2,4-D herbicide tolerance patent.

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.

More information about Bayer CropScience is available at www.bayercropscience.us 

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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.

Forward-looking statements
This article 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-2011-0700

For more information, contact:

Bayer CropScience Media Hotline, 1-877-879-6162, or

Jack Boyne
Director of Communications
Bayer CropScience
Tel: (919) 549-2231
Email: jack.boyne@bayer.com

Beth Roden
External Communications Lead
Bayer CropScience
Tel: (919) 549-2030
Email: beth.roden@bayer.com 

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