March 20, 1996
SAN DIEGO, Calif. -- Mycogen Corporation (Nasdaq: MYCO) predicted that a patent asserted by Monsanto Company in a patent infringement law suit filed recently by Monsanto against Mycogen will be found to be invalid.
In a news release issued today (March 20), Monsanto announced that it had received a U.S. patent covering a particular, modified, DNA sequence used to make plants insect resistant. The release also stated that Monsanto has filed suit against Mycogen and Ciba Geigy Corporation, claiming that those companies' first seed corn products with Bacillus thuringiensis (Bt)-based insect-resistance infringe that patent.
"The only way our product can be blocked by Monsanto's patent is if the courts find that patent to be valid and that Mycogen infringes it," said Jerry Caulder, Mycogen's chairman and chief executive officer. "In light of Mycogen's pioneering work in modifying Bt genes for plant expression and early patent claims we have pending in that area, we think the Monsanto patent will be found to be invalid."
In January 1995, Mycogen received a U.S. patent covering synthesis of Bt genes to optimize expression of insecticidal genes in plants. In December 1995, it received a European patent covering that synthesis method, as well as modified Bt genes and transformed plant cells developed by using that method.
"Claims that would greatly strengthen Mycogen's position still are pending in the U.S. Patent Office," Caulder said. "Until the patent office acts on these broad claims, it will be difficult to assess the value of any individual patent for Bt in plants."
Mycogen and Ciba seeds are now marketing transgenic seed corn with Bt-based resistance to European corn borer, a major pest in U.S. and European corn production, and many other seed products with Bt-based resistance to a variety of pests are now being developed and commercialized.
Mycogen is a diversified agricultural biotechnology company that develops and markets technology-based products and provides crop protection services to control agricultural pests and improve food and fiber production. Mycogen Seeds develops and markets planting seeds for improved crop varieties with genetically enhanced insect-resistance and other value-added characteristics. Mycogen Crop Protection develops and markets environmentally compatible biopesticides and provides crop protection services to growers of high value crops in California and Arizona.
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