Dow AgroSciences says court reinstates key Mycogen biotechnology patent
INDIANAPOLIS, Indiana (June 5, 2001) -- On May 30, 2001, the United States Court of Appeals for the Federal Circuit ruled that Mycogen Plant Science, Inc. is entitled to continue a biotechnology-related patent infringement suit against Monsanto Company. The Mycogen patent at issue covers a process for increasing the expression of Bacillus thuringiensis ("B.t.") insect resistance traits in crops.
In its decision, the Federal Circuit ruled that the United States District
Court for the Southern District of California erred when it found that
Mycogen's patent was invalid and granted summary judgment in favor of
Monsanto. The case has now been returned to the district court where it will
proceed.
"We are extremely pleased that the Federal Circuit has reinstated this patent, which represents an important Mycogen invention in the area of biotechnology and crop protection," said Pete Siggelko, Global Business Leader of Biotechnology & Plant Genetics for Dow AgroSciences LLC, Mycogen's affiliated company. "We plan to continue our aggressive protection of Mycogen's intellectual property -- a significant asset of the company," Siggelko said. Guy Relford, Global Legal Counsel - Litigation for Dow AgroSciences, added, "This victory for Mycogen is extremely significant. Mycogen's patent covers a process for synthesizing a B.t. gene to attain commercially valuable levels of insect control in crops. We believe that virtually every company engaged in the development of B.t. products is utilizing Mycogen's patented process." 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