Bayer Amends Patent Infringement Lawsuit

Bayer CropScience reportedly has amended its pending lawsuit against Dow AgroSciences since Dow has applied for approval to launch a three-gene herbicide-tolerant soybean under the Dow Enlist brand name.

Bayer's existing patent infringement lawsuit claims that Dow's new Enlist brand products for corn, soybeans and cotton infringe on Bayer's 2,4-D tolerance patents. In the amendment, Bayer CropScience also claims that those products from Dow also infringe on several of Bayer's patents covering glyphosate-tolerant plants.

This complaint now seeks a permanent injunction both against Dow'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."