Monsanto Wins Patent Case Against DuPont Pioneer

Cindy Zimmerman

Monsanto Company has won a patent infringement trial in the U.S. District Court against DuPont Pioneer over the use of Monsanto’s patented Roundup Ready® technology.

In rendering its verdict, the federal jury found that DuPont (NYSE: DD) and DuPont Pioneer had willfully infringed Monsanto’s patented Roundup Ready® technology when it tried to patch the problems with DuPont’s own Optimum® GAT® (OGAT) technology that had failed in earlier development. The jury awarded damages of $1 billion to Monsanto based on DuPont’s willful infringement of its technology and the improper head start that DuPont obtained when it infringed Monsanto’s technology rights. The finding of willful infringement could lead to an increased award of damages in the case.

Monsanto originally filed suit against DuPont and DuPont Pioneer in May 2009. The lawsuit sought to prevent the unlicensed combination of Monsanto’s proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn with DuPont’s problem plagued OGAT. DuPont had been offered a license at multiple times prior to and throughout the duration of the trial, but the Delaware-based company refused to accept the offer from Monsanto Company.

DuPont will appeal the verdict, according to a company press release:

DuPont strongly disagrees with the verdict that was reached in favor of Monsanto in Monsanto’s patent case against Du Pont in the United States District Court in St. Louis, Missouri. There were several fundamental errors in the case which deprived the jury of important facts and arguments and led to the disappointing outcome. DuPont will appeal at the earliest possible opportunity and expects to overturn this verdict.

Pioneer