Bayer CropScience files third 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 Eastern District of Virginia against Dow AgroSciences (DAS) based upon DAS's unauthorized use of Bayer patents related to glufosinate-tolerance technology (Liberty Link(R)).

The lawsuit asserts infringement of four Bayer patents and follows two previous claims involving seven Bayer glyphosate-tolerance technology patents and Bayer's 2,4-D herbicide tolerance patent. Those proceedings are currently underway before federal courts in Delaware and New Jersey.

As part of the lawsuit announced today, Bayer has requested a permanent injunction against DAS's unauthorized use of its glufosinate resistance technology.

"Bayer CropScience invests heavily to provide growers with innovative technology solutions and remains resolute in our determination to enforce our intellectual property rights," said Margaret Keating, associate general counsel for Bayer CropScience.

Bayer's actions in defense of its glufosinate-tolerance, 2,4-D herbicide tolerance and glyphosate-tolerance technology patents and stacking of such technologies followed announcements made by Dow AgroSciences regarding its Enlist(TM) Weed Control System.