08 October 2013 16:06 [Source: ICIS news]
HOUSTON (ICIS)--Dow AgroSciences has won the right to sell its Enlist E3 soybean seed despite the objection of Bayer CropScience, which filed a lawsuit in 2012 to prevent Dow from proceeding with the introduction of the new seed technology, the company announced on Tuesday.
In a decision issued late on Monday, a federal court ruled in favour of Dow and dismissed Bayer’s lawsuit, saying it was unable to find objective evidence supporting Bayer’s arguments.
Filed in January 2012, the lawsuit alleged that Dow's intention to sell the seed infringed on several of Bayer’s glyphosate tolerance patents. This is the second victory for Dow as Monday’s decision comes just five weeks after the Court of Appeals for the Federal Circuit affirmed Dow’s summary judgment win over Bayer in the first case involving Dow’s Enlist 2,4-D tolerance technology.
A wholly-owned subsidiary of Dow Chemical, the Indiana-based company said it remains committed to advancing technology for its customers and ensuring that its innovative technology are available for farmers.
“We repeatedly have expressed confidence in our legal position in each of the cases filed by Bayer concerning our Enlist technology, and the results we have obtained in these cases certainly validates our conviction,” said Ken Isley, Dow AgroSciences' general counsel.
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