The patents listed in the lawsuit confer tolerance to an herbicide class with excellent environmental characteristics known as ALS inhibitors and pertain to certain methods for controlling weeds. The lawsuit was filed recently in U.S Federal Court in the District of Delaware.
Through the lawsuit, DuPont is requesting BASF acknowledge the validity of DuPont’s patents related to the ALS tolerance trait and provide the company reasonable compensation for their use. DuPont is also asking the court to declare BASF patents on a trait promoter invalid and rule that DuPont does not infringe those patents when it uses its own proprietary trait in ALS tolerant crops.
“As a market-driven science company, DuPont takes appropriate actions to protect our proprietary information for the benefit of our shareholders and customers,” says DuPont group vice president James C. Borel. “We respect valid intellectual property claims of others and expect them to do the same. At the same time, we have a responsibility to challenge patents that have no validity. It was only after efforts to seek clarity from BASF failed that we decided to take today’s action.”