DuPont files suit against BASF for patents infringement

Delaware, US-based DuPont Co. is suing German chemical maker BASF SE, claiming BASF is infringing on four patents for a herbicide tolerant technology similar to traits used in DuPont’s proprietary Optimum GAT. The patents listed in the lawsuit filed in US Federal Court in the District of Delaware confer tolerance to an herbicide class known as ALS inhibitors and pertain to certain methods for controlling weeds.

In addition to seeking compensation for the disputed trait, DuPont said it is seeking to invalidate some BASF patents related to the technologys use, declaring BASF patents on a trait promoter invalid and asking the court to rule that DuPont does not infringe those patents when it uses its own proprietary trait in ALS tolerant crops. DuPont is requesting BASF acknowledge the validity of DuPont’s patents related to the ALS tolerance trait.

“As a market-driven science company, DuPont takes appropriate actions to protect our proprietary information for the benefit of our shareholders and customers,” said DuPont group vice president James C. Borel. “We respect valid intellectual property claims of others and expect them to do the same. At the same time, we have a responsibility to challenge patents that have no validity. It was only after efforts to seek clarity from BASF failed that we decided to take today’s action.”