Monsanto Wins $1 Billion In DuPont Patent Infringement Case

Monsanto signMonsanto Co. won a patent infringement trial in the U.S. District Court against DuPont Pioneer, formally Pioneer Hi-Bred International, a wholly owned subsidiary of E. I. du Pont de Nemours and Company (DuPont). The trial had centered on DuPont’s unauthorized use of Monsanto’s patented Roundup Ready technology.

In rendering its verdict, the federal jury found that DuPont and DuPont Pioneer had willfully infringed Monsanto’s patented Roundup Ready technology when it tried to patch the problems with DuPont’s own Optimum GAT technology that had failed in earlier development. The jury awarded damages of $1 billion to Monsanto based on DuPont’s willful infringement of its technology and the improper head start that DuPont obtained when it infringed Monsanto’s technology rights. The finding of willful infringement could lead to an increased award of damages in the case.

“Importantly, this verdict highlights that all companies that make early and substantial investments in developing cutting edge technology will  have their intellectual property rights upheld and fairly valued,” said David Snively, Monsanto’s Executive Vice President and General Counsel. “This verdict also underscores that DuPont’s unauthorized use of the Roundup Ready technology was both deliberate and aimed at rescuing its own failed technology.”

“The materials uncovered from DuPont files during this case highlight that DuPont’s senior leaders were actively working to hide the fact their OGAT technology had failed and were using elaborate schemes to cover that up with the unlicensed use of our technology,” Snively added. “They knew the OGAT technology didn’t work for years, but opted to tell a much different story to their customers and to Wall Street. It is deeply disappointing that repeated requests to DuPont’s leadership and board to investigate their own internal actions were not addressed and corrected, which ultimately required the matter go to trial.”

Monsanto’s Roundup Ready technology was first commercially introduced to U.S. soybean farmers in 1996. Today, Monsanto broadly licenses Roundup Ready technology to alfalfa, corn, cotton, soybean, spring canola, sugar beet and winter canola farmers. Since its introduction, Roundup Ready technology has allowed farmers to better manage weeds, reduce the use of agricultural inputs, improve tillage practices, and save on fuel and time.

Monsanto originally filed suit against DuPont and DuPont Pioneer in May 2009. The lawsuit sought to prevent the unlicensed combination of Monsanto’s proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn with DuPont’s problem plagued OGAT. DuPont had been offered a license at multiple times prior to and throughout the duration of the trial, but the DE-based company refused to accept the offer from Monsanto Company.

Today’s verdict represents the third time that court proceedings have determined that DuPont or DuPont Pioneer has violated a trait licensing agreement with Monsanto.

Topics: ,

Leave a Reply

Seed/Biotech Stories

Fall Harvest
Seed/BiotechArysta Launches New Seed Protectant
November 19, 2015
As spring wheat growers begin planning for a strong start to their season, Arysta LifeScience North America announces RANCONA V Read More
Crop InputsInocucor Receives U.S. Patent For Microbials
November 19, 2015
Inocucor Technologies Inc., the Montreal-based agriculture biotech company, was issued patent No. 9,175,258 by the U.S. Patent and Trademark Office to protect Read More
Syngenta Sign
Crop InputsSyngenta Still Being Eyed For China Takeover
November 16, 2015
China National Chemical Corp. approached sovereign wealth funds including China Investment Corp. to help pay for a potential acquisition of Read More
Pioneer Corn Seed in warehouse
Seed/BiotechClimate Change In Seed Sales
November 8, 2015
Every year at this time, CropLife® tries to assess what compelling issues the seed industry and retailers are facing. Heading Read More
Top 100 Articles
CropLife 100United Cooperative Acquires Four ADM Wisconsin Facilities
November 12, 2015
United Cooperative, based out of Beaver Dam, WI, recently acquired four grain and agronomy locations from Archer Daniels Midland (ADM) Read More
CropLife 100BRANDT Car Makes NASCAR Xfinity Series
October 29, 2015
BRANDT will join JR Motorsports with driver, Justin Allgaier, for the 2016 NASCAR Xfinity (NXS) Series season. Allgaier will pilot Read More
CHS Building exterior
CropLife 100CHS Leaders Help Shape Succession Report
October 22, 2015
Succession planning was listed as a main concern of cooperative leaders at this summer’s 15 regional CHS owner town hall Read More
Fall Harvest
CropLife 100Pinnacle Purchases Eight Regional Seed Companies
October 12, 2015
Pinnacle Agriculture Holdings has announced the purchase of eight regional seed companies to advance its seed business. Pinnacle has acquired: Read More
MRM Agricultural Service
CropLife 100Pinnacle Acquires CropLife 100 Ag Retailer
October 8, 2015
Pinnacle Agriculture Holdings, LLC has successfully acquired the Missouri-based agronomy business of MRM Agricultural Service, LLC and its affiliates (MRM). Operating Read More
Eric Jenks, Wilbur-Ellis
CropLife 100Wilbur-Ellis Opens Dry Fertilizer Storage And Blending Facility In Washington
October 8, 2015
Wilbur-Ellis Co., ranked No. 4 on the CropLife 100, has constructed and opened a 22,000-ton dry fertilizer storage and blending Read More
Latest News
Dow AgroSciences Logo wall
HerbicidesGowan Co. To Acquire DNA Herbicides From Dow AgroScienc…
November 30, 2015
Gowan Co. has entered into a definitive agreement to acquire the entire global dinitroaniline (DNA) herbicide portfolio from Dow AgroSciences Read More
Palmer pigweed in soybean stubble
Herbicides‘Back to the Future’ Weed Control: Herbicide Outlook 20…
November 30, 2015
What’s new for herbicides in 2016? Well, not much, but the learning process is sure to continue for fine-tuning resistance Read More
Tim Hassinger Dow AgroSciences President and CEO
HerbicidesDow Expects Enlist Duo To Be Available For The 2016 U.S…
November 30, 2015
Relative to EPA’s recently filed motion to vacate the registration of Enlist Duo herbicide, The Dow Chemical Co. is confident Read More
HerbicidesBREAKING: EPA Pulls Registration On Dow’s Enlist …
November 25, 2015
EPA on Wednesday withdrew approval of a controversial new weed killer to be used on genetically modified corn and soybeans, Read More
FertilizerYara Tampa Ammonia Terminal Garners ResponsibleAg Honor…
November 25, 2015
Yara has received its first ResponsibleAg Certification for its Tampa, FL, Ammonia terminal location. This achievement demonstrates Yara’s commitment to Read More
ManagementReviewing The Top Ag Stories For 2015
November 24, 2015
Editors Eric Sfiligoj and Paul Schrimpf discuss the most noteworthy events from this past year in agriculture. Read More
EmployeesAgriculture Jobs May Be Plentiful, But New Grads Are Sc…
November 24, 2015
Close to 60,000 jobs are set to open up in agriculture each year for the next five years, but there's not enough grads to fill them. Read More
Radish cover crop
StewardshipCover Crops Guide Helps Growers Improve Water Quality
November 23, 2015
A publication that teaches growers the advantages of using cover crops to improve soil health and crop yields has won Read More
Crop InputsThe Andersons’ Products Receive California Organi…
November 23, 2015
The Plant Nutrient Group of The Andersons, Inc. announced today that its Humic DG and Black Gypsum DG products are Read More
Eric SfiligojNew European Study Seems To Support Glyphosate Safety
November 23, 2015
Looking at any international news over the past few years, it might seem as if the European Union (EU) is Read More
Toggle Biostimulant corn roots
Crop InputsTwo New Biostimulants Added To United Suppliers’ …
November 20, 2015
Winfield US announces the launch of two new products in the United Suppliers portfolio for the 2016 crop season, Optify Read More
StewardshipNRDC Report: Cover Crops Contain Vast Benefits
November 19, 2015
As harvest season ends and farmers in the United States ready themselves for winter, one small change could make a Read More
Fall Harvest
Seed/BiotechArysta Launches New Seed Protectant
November 19, 2015
As spring wheat growers begin planning for a strong start to their season, Arysta LifeScience North America announces RANCONA V Read More
Crop InputsInocucor Receives U.S. Patent For Microbials
November 19, 2015
Inocucor Technologies Inc., the Montreal-based agriculture biotech company, was issued patent No. 9,175,258 by the U.S. Patent and Trademark Office to protect Read More
ManagementSyngenta Rumors and ARA 2015 Preview
November 19, 2015
CropLife Editor Eric Sfiligoj looks at the latest rumors involving Syngenta selling its crop protection business and talks about events Read More
EquipmentAGCO Announces Finalists For Operator Of The Year Honor
November 19, 2015
AGCO Corp. has announced the four top operators chosen as finalists for AGCO’s 10th Annual Operator of the Year program, Read More
High Plains Aquifer
StewardshipStudy: High Plains Aquifer Overall Usage In Decline
November 18, 2015
A new Kansas State University study finds that the over-tapping of the High Plains Aquifer’s groundwater beyond the aquifer’s recharge Read More
Golden Harvest Corn healthy leaves
FungicidesArysta Launches New Corn And Soybean Fungicide
November 17, 2015
Arysta LifeScience North America has recently launched ZOLERA FX Fungicide. The highly systemic, powerful fungicide delivers broad-spectrum disease control with Read More