West Virginia sues Monsanto over soybean data

West Virginias attorney general is suingMonsantoCo. for refusing to cooperate with a probe of claims around the companys newest biotech soybeans.

Attorney General Darrell McGraw filed the lawsuit Monday, claiming the company refused to comply with a subpoena.

More than 90 percent of all soybeans grown nationwide containMonsantos patented Roundup Ready technology that allows farmers to spray fields with weed killer without damaging crops.

Beginning last year, the Creve Coeur-based seed giant began selling a second generation of the soybeans, promising growers a 7 percent to 11 percent yield gain over the original varieties.Monsanto aims to transition farmers to its newer, higher-priced seed before patents on the original Roundup Ready soybeans expire in 2014.

West Virginia farmers "need to know if it is worth the extra money to buy new products that may not live up to the hype," McGraw said in a statement.

Monsanto said it hasnt turned over proprietary information being sought by McGraw because the attorney general has refused to sign a protective order.

"A protective order is a customary practice when intellectual property is involved," spokeswoman Kelli Powers said in a statement.

The company said a federal court in St. Louis has already agreed to such a protective order in ongoing litigation with DuPonts Pioneer Hi-Bred International Inc.