Rival sues Monsanto, Bayer over GM plant tech
Firms accused of using GM tech for herbicide-resistant plants | Plaintiff says its patented tech helps farmers to innovate | US District Court for the District of Delaware.
US-based Corteva Agriscience has accused competitors Monsanto and Bayer of using its genetically modified (GM) plant tech to make their own plants that are resistant to certain herbicides.
The suit, filed Tuesday, August 9, at the US District Court for the District of Delaware, accused the pair of infringing US patent number 10,947,555, which covers GM plants and plant cells that produce AAD-1 enzymes which confer resistance to two different classes of herbicides.
Corteva’s invention is commercialised in its Enlist-branded corn products, which allow growers to use multiple types of herbicides to control weeds—including glyphosate-resistant weeds that are resistant to Monsanto’s glyphosate herbicide, Roundup.
The transgenic plants have resistance to at least two different classes of herbicides: phenoxy auxin herbicides such as 2,4-D and (R)-aryloxyphenoxypropionate herbicides such as quizalofop.
The ’555 patent’s transgenic plants include novel maize and soybean lines—both maize and soybean are used as human food, livestock feed, industrial raw materials, and in biofuel production.
According to the suit, the defendants have filed at least one application with the US Department of Agriculture seeking non-regulated status to permit marketing of transgenic plants producing an AAD-1 (FT) enzyme.
“On information and belief, defendants used their knowledge of Corteva’s invention to make transgenic plants comprising a recombinant polynucleotide encoding dual-activity AAD-1 proteins,” said the suit.
Now, Corteva has claimed that Monsanto—acquired by Bayer in 2018—and Bayer have been aware of the patent for some time, with one of Monsanto’s patents allegedly citing Corteva’s Patent Cooperation Treaty Application (to which the ‘555 patent claims priority).
Corteva has asked the court for a finding of infringement, injunctive relief and damages.
In a statement emailed to WIPR, Corteva said: “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 added that the Enlist Weed Control System—inclusive of herbicides and traits in corn, soybean, and cotton—is protected by “hundreds of patents worldwide”.
“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.
“Corteva will defend its intellectual property to continue to bring farmers much-needed technology.”
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