Deciding in favor of Dow AgroSciences, a federal court jury invalidated all asserted claims of the sole remaining patent in a patent infringement suit brought by Syngenta Seeds. The suit had targeted three insect-protected corn products that include the insecticidal proteins from Bacillus thuringiensis (Bt), sold by Dow AgroSciences and Monsanto Company.
Earlier in the trial proceedings, two related patents owned by Syngenta were eliminated from the case by a ruling of the United States District Court for the District of Delaware that Dow AgroSciences' and Monsanto's products did not infringe those patents, as a matter of law. The products at issue include Dow's Herculex I Insect Protection corn and YieldGard, a Bt corn product designed by Monsanto Company. A third Dow AgroSciences Bt corn product, still in development, was also involved.
Syngenta does plan to appeal the ruling. The jury's verdict does not affect Syngenta's right to sell Bt corn seed products.