RESEARCH TRIANGLE PARK, N.C.—Bayer CropScience on Nov. 7 filed a patent infringement lawsuit against Dow AgroSciences (DAS) requesting a permanent injunction against DAS's unauthorized use of seven of Bayer's glyphosate tolerance patents.
According to the complaint filed in the U.S. District Court for the District of Delaware, the lawsuit was filed based upon DAS's submission to the USDA for approval to commercialize a three-gene herbicide tolerant soybean under the Dow Enlist brand name.
“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.
