Business News

BASF Sues DuPont for Patent Infringement

Tuesday 02. June 2009 - Today, BASF filed a lawsuit in the United States District Court for the District of Delaware against DuPont (E. l. du Pont de Nemours and Company) for infringement of BASF's patented technology that confers tolerance to a key class of herbicides.

Specifically, DuPont’s Optimum GAT corn product incorporates BASF’s patented promoter which is an important genetic component that enables successful tolerance toward an herbicide class known as AHAS or ALS inhibitors.

BASF Plant Science GmbH seeks an injunction and damages against DuPont and its subsidiary Pioneer Hi-Bred International for this unlawful use of BASF’s patented technology. In the same action, BASF Plant Science seeks to declare invalid and unenforceable DuPont patents for technology relating to herbicide tolerance.

“BASF Plant Science, as a leading provider of advanced traits and technology in the plant biotechnology area, is committed to vigorously protecting its intellectual property and to defending against the assertion of invalid and unenforceable patents. After prolonged discussions with DuPont failed to yield an acceptable commercial solution, BASF decided to enforce its rights by filing this lawsuit,” stated Hans Kast, BASF Plant Science President and CEO.

BASF has learned that subsequent to its filing, DuPont filed a separate action concerning the same subject matter.