Bayer sues Dow over herbicide-resistant crops patent

A unit of Bayer AG, Europe’s largest drug and chemical maker, sued a Dow Chemical Co. agroscience subsidiary in federal court in Delaware alleging infringement of a U.S. patent for herbicide-resistant crops.

Bayer CropScience AG of Monheim am Rhein, Germany, is seeking a jury trial, unspecified damages and an injunction against infringing sales by Indianapolis-based Dow AgroSciences LLC, according to a complaint filed today in Wilmington.

"Dow Agro has developed, manufactured, used and announced its plans to sell” transgenic corn, soybean and cotton plants and seeds in violation of the patent, Bayer contends in court papers.

Dow said in a Nov. 2 statement that it’s pursuing an application to patent a “new class of herbicide tolerant traits,” including resisting the “2,4-D” herbicide -- which Bayer claims infringes the patent in today’s lawsuit.

"Dow AgroSciences was previously granted patents for crops containing this herbicide tolerant trait in New Zealand and South Africa,” and may use it in U.S. corn in 2012, and soybeans and cotton later, Dow said in its statement.

Bob Plishka, a Dow Chemical spokesman, couldn’t immediately comment on the lawsuit.

Bayer AG rose 21 cents to 57.18 euros in trading in Germany. Dow Chemical, based in Midland, Michigan, fell 9 cents to $33.15 at 1:38 p.m. in New York Stock Exchange composite trading.

The case is Bayer v. Dow, 10CV1045, U.S. District Court, District of Delaware (Wilmington).