DuPont wants new trial in Monsanto's $1 billion patent victory

Monsanto had sued Pioneer Hi-Bred, owned by E.I. DuPont de Nemours and Co., in 2009 for patent infringement, claiming it had combined Monsanto's Roundup Ready technology with DuPont's own Optimum GAT technology. Monsanto had claimed it suffered $1.5 billion in damage or more, and on Aug. 1, a jury awarded the company $1 billion.
 

In filings Wednesday in federal court in St. Louis, according to Bloomberg, DuPont said Monsanto's patent for Roundup Ready seeds that survive its weedkiller Roundup is invalid and wasn't infringed, and the damages awarded Monsanto were too high.
 

Wilmington, Del.-based DuPont wants to have the damage award reduced or thrown out, or a new trial on the damages, the news service reported, adding that many of the legal arguments backing up DuPont's requests are sealed. A response from Monsanto is scheduled to be filed by Oct. 25.
 

Another suit by Monsanto against Pioneer Hi-Bred over Pioneer's "seed chipper" technology, which allows researchers to get genetic information from a seed without destroying it, is pending. Also pending is a suit by Pioneer against Monsanto claiming Monsanto infringed on patents that aid germination of genetically modified corn seeds.
 

Monsanto Co., led by Chairman and CEO Hugh Grant, reported net income of $966 million in its fiscal third quarter ended May 31, on net sales of $4.2 billion, compared with the prior year's quarter.