Bayer CropScience files additional patent infringement lawsuit against Dow AgroSciences

Bayer CropScience announced that it has filed a patent infringement lawsuit in the United States District Court for the District of Delaware against Dow AgroSciences (DAS) based upon DAS’s submission to the U.S. Department of Agriculture (USDA) for approval to commercialize a three-gene herbicide tolerant soybean under the Dow Enlist brand name.

As part of the lawsuit, Bayer requested a permanent injunction against DAS's unauthorized use of seven of Bayer's glyphosate tolerance patents.

"This additional patent infringement complaint filed against Dow AgroSciences serves as another example of our ongoing commitment to enforce our intellectual property rights," said Margaret Keating, Associate General Counsel for Bayer CropScience.

The lawsuit asserts infringement of seven Bayer patents covering glyphosate-tolerance technology. The patent infringement claims had been previously included as an amendment to the company’s existing suit asserting that DAS's announced Dow Enlist brand corn, soybeans and cotton infringe Bayer's 2,4-D herbicide tolerance patent.