Dow AgroSciences and Legal Issues and Patent and Environment and Agriculture/Farming and Law

Dow AgroSciences prevails in patent-infringement case

September 28, 2012

Indianapolis-based Dow AgroSciences LLC said Friday that it has prevailed in a patent-infringement lawsuit involving one of the company’s key weed-control products.

The suit, filed in December 2010 by South African-based Bayer CropScience SA, charged that Dow AgroSciences’ herbicide-tolerance technology infringed one of its patents.

In the Thursday ruling, a federal judge sided with Dow AgroSciences in its motion to have the case dismissed, determining that Dow’s Enlist weed-control technology did not infringe on the patent.

Dow AgroSciences said in a prepared statement that it is pleased with the ruling and repeatedly expressed its confidence that the company would prevail.

Dow AgroSciences, a subsidiary of Midland, Mich.-based Dow Chemical Co., predicts Enlist could earn as much as $1 billion over its life cycle.

A coalition of vegetable growers concerned about whether the product would drift more than others during application dropped that opposition early this month.
 

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