Bayer Targets Dow Over Herbicide-Resistant Plant Patents

Law360, New York (November 4, 2011, 3:00 PM EDT) -- Divisions of Bayer AG on Friday lodged a patent suit against a subsidiary of the Dow Chemical Co. in Delaware federal court, alleging Dow is infringing its patents covering herbicide-resistant plants.

Two of Bayer’s European subsidiaries, Bayer SAS and Bayer CropScience, brought the suit against Indianapolis-based Dow AgroSciences LLC, after learning of Dow’s plans to sell a transgenic soybean that includes a recombinant gene that allegedly infringes seven of its patents, according to the complaint.

At issue are U.S. Reissued Patent Numbers Re 37,287, Re 36,...
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