Antitrust Claims Shucked From Monsanto Patent Suit

Law360, New York (September 21, 2009, 7:49 PM EDT) -- A federal judge will allow Monsanto Co. to sever nemesis DuPont Co.'s antitrust counterclaims from the agricultural giant's original patent and breach of contract suit alleging infringement of the technology behind its herbicide-resistant genetically modified soybeans and corn.

U.S. District Judge E. Webber Jr. on Sept. 16 granted Monsanto's motion to conduct a separate trial on the defendants' antitrust counterclaims, while allowing discovery to proceed on the antitrust claims that do not hinge on resolution of the patent claims.

“In sum, the court concludes that a...
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