DuPont, BASF at odds over herbicide patents

Jun 2, 2009 4:08 PM

DuPont and BASF have filed separate lawsuits on the same day, each accusing the other of patent infringement relating to herbicide tolerance technology.

BASF filed suit in U.S. District Court for the District of Delaware against DuPont for infringement of BASF's patented technology. Specifically, BASF claims DuPont's Optimum GAT corn product incorporates BASF's patented promoter, which is an important genetic component that enables successful tolerance toward AHAS or ALS inhibitors.

BASF Plant Science GmbH seeks an injunction and damages against DuPont and its subsidiary Pioneer Hi-Bred International for unlawful use of BASF's patented technology. BASF Plant Science seeks to declare invalid and unenforceable DuPont patents for technology relating to herbicide tolerance.

DuPont, in U.S. Federal Court in the District of Delaware, filed a lawsuit claiming BASF is infringing four patents relating to biotechnology traits similar to those used in DuPont's Optimum GAT trait. In DuPont’s lawsuit, the company 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.