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Dow Agro awarded $5.3M in patent-infringement case

October 2, 2012

Indianapolis-based Dow AgroSciences LLC said Monday that it has been awarded $5.3 million in an unsuccessful patent-infringement case brought by Bayer Bioscience N.V.

Originally filed in 1995 by Plant Genetic Systems—a subsidiary of Belgium-based Bayer Bioscience—the lawsuit claimed that insect-resistant corn products from two affiliates of Dow AgroSciences violated two PGS patents.

The $5.3 million award will reimburse Dow for attorneys’ fees and other costs to defend against the litigation, the company said in a Monday statement.

The case was filed in a federal court in North Carolina.

Bayer Bioscience is an affiliate of South African-based Bayer CropScience SA, which, coincidentally, lost a federal suit against Dow AgroSciences on Thursday.

That suit, filed in December 2010 by Bayer CropScience, charged that Dow AgroSciences’ herbicide-tolerance technology infringed on one of its patents.

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