DuPont Asserts Anti-Trust, Patent Claims Against Monsanto

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Tue Jun 16, 2009 12:42pm EDT

DuPont Affirms 'Stacking' Can Occur Under Existing Monsanto License Agreement

ST. LOUIS, June 16 /PRNewswire/ -- DuPont (NYSE: DD) today filed an answer and
counterclaims to a recent Monsanto lawsuit that seeks to block farmers' access
to innovative new soybean lines from DuPont business Pioneer-Hi Bred.  These
soybeans would contain Pioneer's proprietary Optimum(R) GAT(R) trait and --
through Monsanto's royalty-bearing license agreement -- the Roundup Ready(R)
trait. 

In its federal court filing here today, DuPont affirmed that combining, or
"stacking," of Optimum(R) GAT(R) and Roundup Ready(R) technologies is clearly
within its rights under the license agreement with Monsanto.  DuPont also said
that patents relating to Monsanto's Roundup Ready(R) soybeans are invalid and,
therefore, are not infringed when Optimum(R) GAT(R) and Roundup Ready(R)
traits are "stacked" in soybeans.  In addition, DuPont is seeking broad relief
under anti-trust laws that would end Monsanto's multifaceted, anti-competitive
scheme to unlawfully restrict competition. 

"We believe we have every right through our existing Monsanto license
agreement to 'stack' our Optimum(R) GAT(R) trait with Pioneer soybean genetics
already containing a Roundup Ready(R) trait," said DuPont Group Vice President
James C. Borel.  "We will vigorously defend our rights to bring valuable new
technologies to the market.

"Monsanto's lawsuit is another tactic used to restrict the availability of
competitive products.  Farmers want and deserve diverse technology options
that can best satisfy their specific needs to help meet the increasing global
demands for agriculture.  Advancements in agriculture productivity, for
example, hinge on having technology options available in the market. Our
proprietary Optimum(R) GAT(R) trait combined with the Roundup Ready(R) trait
in elite Pioneer soybean genetics would be superior to any other product on
the market -- better yields and broader, more flexible weed control options,"
Borel added.  "The seed industry, U.S. growers, and, ultimately, consumers are
best served when seed companies can assemble the best combinations of traits
and germplasm for their customers -- without the anti-competitive restrictions
imposed by Monsanto." 

DuPont's counterclaims are available by clicking here. 

DuPont is a science-based products and services company.  Founded in 1802,
DuPont puts science to work by creating sustainable solutions essential to a
better, safer, healthier life for people everywhere.  Operating in more than
70 countries, DuPont offers a wide range of innovative products and services
for markets including agriculture and food; building and construction;
communications; and transportation.

The DuPont Oval Logo, DuPont(TM), The miracles of science(TM) and Optimum(R)
GAT(R) are registered trademarks or trademarks of DuPont or its affiliates.

Roundup Ready(R) is a registered trademark used under license from Monsanto.

SOURCE  DuPont

Dan Turner of DuPont, +1-302-774-0081, daniel.a.turner@usa.dupont.com
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