August 3, 2012

The Federal jury awarded US$1 billion to Monsanto Co. in a patent infringement lawsuit against rival DuPont and DuPontPioneer over Monsanto's Roundup Ready seed technology.

In rendering its verdict the federal jury found that DuPont and DuPontPioneer had wilfully 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 US$1 billion to Monsanto based on DuPont's wilful infringement of its technology and the improper head start that DuPont obtained when it infringed Monsanto's technology rights.

The finding of wilful infringement could lead to an increased award of damages in the case. Monsanto the world's largest seed company claimed that by stacking the gene onto its own product DuPont violated the terms of a 2002 licensing agreement. DuPont countersued alleging anticompetitive practices.

Monsanto's Roundup Ready technology is used broadly by farmers as the company has licensed it to other companies. The glyphosate resistant trait is used in crops such as alfalfa corn cotton rapeseed and sugar beets. Monsanto originally filed suit against DuPont and DuPontPioneer in May 2009. The lawsuit sought to prevent the unlicensed combination of Monsanto's proprietary Roundup Ready herbicide tolerant technologies in soy 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. Monsanto Company is a leading global provider of technology based solutions and agricultural products that improve farm productivity and food quality.