Mycogen challenged Pioneer’s right to sell corn hybrids containing Herculex Insect Protection to regional seed companies through Pioneer’s PROaccess business, as it interferes with its exclusive right to license the Herculex Insect Protection trait to those companies.
In the November 9, 2010 order, the judge granted partial summary judgment to Mycogen on its claim that Pioneer had breached the 1995 agreement.
Trial on the remaining issues in the case, including the amount of damages that Pioneer owes Mycogen, is scheduled to begin in federal court in Indianapolis on January 10, 2011 (Case No. 1:08-cv-00802-TWP-TAB).
(Source: Dow AgroSciences)