DuPont Asserts Anti-Trust, Patent Claims Against Monsanto

Yesterday, DuPont filed an answer and counterclaims to a recent Monsanto lawsuit that seeks to block farmers’ access to innovative new soybean lines from DuPont business Pioneer-Hi Bred. These soybeans would contain Pioneer’s proprietary Optimum® GAT® trait and -- through Monsanto’s royalty-bearing license agreement -- the Roundup Ready® trait.

In its U.S. federal court filing yesterday, DuPont affirmed that combining, or “stacking,” of Optimum® GAT® and Roundup Ready® technologies is clearly within its rights under the license agreement with Monsanto. DuPont also said that patents relating to Monsanto’s Roundup Ready® soybeans are invalid and, therefore, are not infringed when Optimum® GAT® and Roundup Ready® traits are "stacked" in soybeans. In addition, DuPont is seeking broad relief under anti-trust laws that would end Monsanto’s multifaceted, anti-competitive scheme to unlawfully restrict competition.

“We believe we have every right through our existing Monsanto license agreement to ‘stack’ our Optimum® GAT® trait with Pioneer soybean genetics already containing a Roundup Ready® trait,” said DuPont Group Vice President Jim Borel. “We will vigorously defend our rights to bring valuable new technologies to the market.”