Court upholds DuPont soybean patents
valid patents for a soybean market technology, a ruling that
concludes a patent infringement dispute with Genome and
Agricultural Biotechnology (GAAB).
The three patents in question, held by DuPont's subsidiary Pioneer Hi-Bred International, are for the process that uses molecular markers to select soybean varieties resistant to soybean cyst nematode (SCN).
The District Court for the Southern District of Iowa in Des Moines issued a consent judgment holding that the Pioneer patents were valid and had been infringed by GAAB.
"We have invested a great deal in using molecular markers to increase the defensive package of soybeans.
We are pleased the court upheld our right to recoup that investment and fund future development," said Dennis Byron, Pioneer vice president, Crop Product Development, in a statement yesterday.
Soybean cyst nematode is one of the most destructive pests in North American soybean fields, and is thought to be responsible for $870m in annual losses to growers.
Pioneer's high-yielding SCN-resistant varieties were developed using marker-assisted selection, which the firm said is a critical tool for streamlining the development of soybean varieties that combine SCN resistance with superior performance.
"The technology enhances the precision and efficiency of identifying resistant varieties, which helps us speed product development," said Byron.
Pioneer said it has held intellectual property rights for its soybean markers since 1996.
In addition to soybean cyst nematode resistance, the company holds intellectual property rights for the marker-assisted selection process to select soybean varieties with brown stem rot resistance and other traits.
"We recognize the value of this science and technology.
We have granted licenses to the technology and are open to working with other researchers and institutions so it can be utilized by others in the public and private sector," said Byron.