Bayer, Corteva file biotech lawsuits against each other

Corteva alleges Monsanto copied gene technology used in Enlist Corn.

Krissa Welshans, Livestock Editor

August 15, 2022

2 Min Read

Corteva Agriscience has filed a lawsuit against Monsanto and its parent company Bayer CropScience LP for alleged infringement of Corteva’s patented AAD-1 herbicide resistance technology. However, Bayer filed suit against Corteva just hours before in Delaware state court, alleging that Corteva breached contractual obligations to Bayer related to the development and commercialization of E3 soybeans.

According to Corteva, the AAD-1 gene used in Enlist Corn encodes a unique herbicide resistance enzyme and is part of the Enlist Weed Control System – a critical tool for farmers, enabling them to use multiple types of herbicides to control yield-robbing weeds.

Corteva said its Enlist Weed Control System – inclusive of herbicides and traits in corn, soybean, and cotton is protected by hundreds of patents world-wide.

“Corteva invests more than $1 billion each year in research and development to advance agricultural innovations that help farmers increase yields, protect against devastating weeds and pests, and contribute to a sustainable and resilient global food system. Strong and enforceable intellectual property protection helps innovators, like Corteva, continue to reinvest in R&D to advance agricultural innovations,” the company said. “Corteva will defend its intellectual property to continue to bring farmers much needed technology.”

A Bayer spokesperson told Feedstuffs it believes Corteva practiced Bayer technology in the development of E3 soybeans.

“Our suit was filed under seal because it contains confidential contractual details, which limits what we can discuss at this current time; however, we will have more details to share in the coming weeks,” the spokesperson said.

Regarding Corteva’s suit, Bayer believes it has a strong defense against the alleged patent infringement.

“In this case, we have our own patents that cover our HT4 product concepts and do not believe that that we need a license to the Corteva patent. Our legal team is in the process of a thorough review of the filing to determine next steps.”

About the Author(s)

Krissa Welshans

Livestock Editor

Krissa Welshans grew up on a crop farm and cow-calf operation in Marlette, Michigan. Welshans earned a bachelor’s degree in animal science from Michigan State University and master’s degree in public policy from New England College. She and her husband Brock run a show cattle operation in Henrietta, Texas, where they reside with their son, Wynn.

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