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Dow Agro wins latest patent case involving Enlist product

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

The suit, filed in January 2012 by South African-based Bayer CropScience SA, charged that Dow Agro’s Enlist E3 soybean seed infringed one of its patents.

In Monday’s ruling, a federal judge sided with Dow Agro in its motion to have the case dismissed after the court said it was unable to find objective evidence supporting Bayer's arguments.

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

Dow Agro won a similar case against Bayer last September involving Enlist’s 2,4-D tolerance technology. That decision was upheld five weeks ago by an appeals court.

"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, in a prepared statement.

In 2012, Dow Agro settled a dispute regarding Enlist from a coalition of vegetable growers concerned about whether the product would drift more than others during application.

Dow Agro had global sales of $6.4 billion in 2012.
 

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