In response to a motion filed by Monsanto in 2009, the U.S. District Court here ruled that the Roundup Ready license agreements between DuPont and Monsanto contain an unwritten ("implied") term that prohibits DuPont from stacking its Optimum GAT trait with Monsanto's Roundup Ready trait in soybeans or corn. Describing its ruling as "narrow," the court also emphasized that DuPont's separate antitrust and patent fraud claims were not impacted by its ruling and would, therefore, proceed.
"This litigation is just beginning; we will now vigorously pursue our antitrust, license and patent fraud claims," said Thomas Sager, DuPont senior vice president and general counsel. "By gathering further evidence through the discovery process and proceeding quickly to trial, we will demonstrate that DuPont has the legal right to provide farmers with the best-yielding, most innovative seeds. As the court clearly indicated, the ruling does not affect DuPont's antitrust and patent fraud claims filed against Monsanto in June 2009. Nor does it affect the related ongoing U.S. Department of Justice formal antitrust investigation involving Monsanto."