Dow Beats Bayer Suit Over Genetically Modified Plant Patent

Law360, New York (September 27, 2012, 10:06 PM EDT) -- A Delaware federal judge on Thursday sided with Dow AgroSciences LLC in a patent dispute with Bayer CropScience AG, ruling Dow had not infringed a Bayer patent for a genetic process that makes plants herbicide-resistant.

After analyzing the evidence presented during a claim construction hearing, U.S. District Judge Renee Marie Bumb adopted Dow's definition of claim 1 of U.S. Patent Number 6,153,401 and granted Dow's motion for summary judgment of noninfringement.

The ‘401 patent covers a method Bayer uses to insert a gene from a strain...
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