Bayer CropScience has amended its patent infringement lawsuit pending in the United States District Court for the District of Delaware against Dow AgroSciences (DAS) following the announcement by DAS that it has applied for approval to launch a three-gene herbicide tolerant soybean under the Dow Enlist brand name.
Bayer's existing suit asserts that DAS's previously announced Dow Enlist brand corn, soybeans and cotton infringe Bayer's 2,4-D herbicide tolerance patents. In the amendment, Bayer claims that DAS's newly announced products also infringe several Bayer patents covering glyphosate-tolerant plants. This complaint now seeks a permanent injunction both against DAS's unauthorized use of the company’s 2,4-D herbicide tolerance patents and Bayer's glyphosate tolerance patents. "Respect for intellectual property is the foundation for any research-based business" said Margaret Keating, Associate General Counsel for Bayer CropScience "and we intend to vigorously enforce our property rights.