Bayer CropScience v. Pierce, et al. (E.D. Mo 2023)
Bayer and its subsidiary Monsanto have filed a brand new set of patent infringement lawsuits in opposition to farmers who saved seeds and replanted them in violation of Monsanto Roundup Prepared patents and license agreements. Monsanto’s unique patents on genetically modified vegetation have all expired. However, the corporate now primarily sells Roundup Prepared 2 – Xtend seeds for soybeans and cotton. And people new strains are lined by new patents. Right here, the corporate has asserted United States Patent Nos 9,944,945 and seven,838,729.
- The ‘729 patent has a 2007 precedence date and claims vegetation genetically modified with a selected DNA sequence to precise dicamba monooxygenase. This permits the plant to shortly catalyze and degrade the herbicide dicamba; thus permitting use of dicamba herbicide as an addition/various to glyphosate within the widespread state of affairs involving herbicide resistant weeds.
- The ‘945 patent has a 2005 precedence date and claims a transgenic soybean plant modified with a gene that confers elevated glyphosate tolerance in order that extra glyphosate can be utilized with out harming the soybean.
Every of the six new infringement lawsuits infringe each patent infringement in addition to breach of contract for saving and planting seed down within the Missouri Bootheel.
- Bayer CropScience LP v. Robert O. Pierce, Docket No. 4:23-cv-00088 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Danny Glass, Docket No. 4:23-cv-00087 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Greg Duffy, Docket No. 4:23-cv-00086 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Caleb Duffy, Docket No. 4:23-cv-00085 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Michael Hodel, Docket No. 4:23-cv-00084 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Brian G. Irions, Docket No. 4:23-cv-00083 (E.D. Mo. Jan 25, 2023)
I anticipate that Bayer will simply win these instances, however we’ll see. Up to now, not one of the farmers have lodged an look in court docket.