BASF Sues DuPont for Patent Infringement

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Mon Jun 1, 2009 2:55pm EDT

FLORHAM PARK, N.J., June 1 /PRNewswire/ -- Today, BASF filed a lawsuit in the
United States District Court for the District of Delaware against DuPont (E.
l. du Pont de Nemours and Company) for infringement of BASF's patented
technology that confers tolerance to a key class of herbicides. Specifically,
DuPont's Optimum GAT corn product incorporates BASF's patented promoter which
is an important genetic component that enables successful tolerance toward an
herbicide class known as AHAS or ALS inhibitors.

BASF Plant Science GmbH seeks an injunction and damages against DuPont and its
subsidiary Pioneer Hi-Bred International for this unlawful use of BASF's
patented technology. In the same action, BASF Plant Science seeks to declare
invalid and unenforceable DuPont patents for technology relating to herbicide
tolerance.

"BASF Plant Science, as a leading provider of advanced traits and technology
in the plant biotechnology area, is committed to vigorously protecting its
intellectual property and to defending against the assertion of invalid and
unenforceable patents.  After prolonged discussions with DuPont failed to
yield an acceptable commercial solution, BASF decided to enforce its rights by
filing this lawsuit," stated Hans Kast, BASF Plant Science President and CEO.

BASF has learned that subsequent to its filing, DuPont filed a separate action
concerning the same subject matter.


BASF - The Chemical Company. We don't make a lot of the products you buy. We
make a lot of the products you buy better.(R)

BASF Corporation, headquartered in Florham Park, New Jersey, is the North
American affiliate of BASF SE, Ludwigshafen, Germany. BASF has more than
15,000 employees in North America, and had sales of approximately $17.5
billion in 2008. For more information about BASF's North American operations,
or to sign up to receive news releases by e-mail, visit www.basf.com/usa.

BASF is the world's leading chemical company: The Chemical Company. Its
portfolio ranges from chemicals, plastics and performance products to
agricultural products, fine chemicals, as well as oil and gas. As a reliable
partner, BASF helps its customers in virtually all industries to be more
successful. With its high-value products and intelligent solutions, BASF plays
an important role in finding answers to global challenges, such as climate
protection, energy efficiency, nutrition and mobility. BASF has approximately
97,000 employees and posted sales of more than euro 62 billion in 2008. BASF
shares are traded on the stock exchanges in Frankfurt (BAS), London (BFA) and
Zurich (AN). Further information on BASF is available on the Internet at
www.basf.com. 

About BASF Plant Science
BASF consolidated its plant biotechnology activities in BASF Plant Science in
1998. Today, about 700 employees are working to optimize crops for more
efficient agriculture, renewable raw materials and healthier nutrition for
humans and animals. Projects include yield increase in staple crops, higher
content of Omega-3s in oil crops for preventing cardiovascular diseases, and
potatoes with optimized starch composition for industrial use. To find out
more about BASF Plant Science, please see our internet web site at : 
http://www.basf.com/biotechnology.


SOURCE  BASF Corporation

Mark Stephenson, BASF Corporation, +1-973-245-6072, mark.stephenson@basf.com
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