DuPont Files Answer to Monsanto Lawsuit

Owner of Pioneer Hi-Bred International responds to suit that seeks to block sale of Optimum GAT trait.

Published on: Jun 17, 2009

DuPont announced today that it has filed an answer and counterclaims to a lawsuit filed recently by Monsanto. The Monsanto suit seeks to block farmer access to the Optimum GAT trait, and through Monsanto's royalty bearing license agreement - the Roundup Ready trait.

According to a release from DuPont, the filing made today affirms that the company is combining, or "stacking" the Optimum GAT and Roundup Ready technologies and that this is "clearly within [DuPont's] rights under the license agreement with Monsanto." DuPont also asserts that patents relating to the Roundup Ready trait are "invalid and, therefore, are not infringed when Optimum GAT and Roudup Ready traits are 'stacked' in soybeans."

Finally, DuPont is also seeking broad relief under antitrust 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 OptimumĀ® GAT trait with Pioneer soybean genetics already containing a Roundup Ready trait," said DuPont Group Vice President James C. Borel. "We will vigorously defend our rights to bring valuable new technologies to the market."

Borel asserts, in a DuPont statement, that Monsanto's lawsuit is another "tactic used to restrict the availability of competitive products." He adds that the combination of the Optimum GAT trait with Roundup Ready would "be superior to any other product on the market."

You can check out DuPont's counterclaims HERE.