Mycogen Wins Bt Patent Suit

Applied Genetics News,  August 1, 1998  

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A Federal District Court jury ruled that a patent held by Monsanto (800 N. Lindbergh Blvd., St. Louis, MO 63167; Tel: 314/694-1000) that covers technology for modifying Bacillus thuringiensis (Bt) to make plants insect-resistant is invalid. Mycogen (5501 Oberlin Drive, San Diego, CA92121; Tel: 619/453-8030, Fax: 619/453-0142) comes out the winner in this patent suit.

The verdict followed a two-week patent infringement trial in which Monsanto sought damages from Mycogen and Novartis. Monsanto claimed that Mycogen's "NatureGard" corn seed and similar seed products marketed by Novartis Seeds contain a modified (Bt) gene sequence that is covered by Monsanto's patent.

The verdict is an important step toward clarifying the complex patent landscape relating to Bt-based insect resistance in plants. Mycogen holds more than 60 patents that cover Bt proteins and technology for modifying Bt genes to optimize expression of insect control proteins in plants, says Carl Eibl, Mycogen's president. "We believe that our scientists' pioneering work in this area ultimately will give Mycogen a very strong proprietary position for Bt-based insect-resistance in plants."

Mycogen introduced NatureGard hybrid seed corn with Bt-based resistance to European corn borer for planting in the United States in 1996. Ciba Seeds (now Novartis Seeds), which holds a license from Mycogen, introduced a similar product under the trade name "Maximizer" at the same time.

This verdict follows Mycogen's successful March 1998 suit against Monsanto for breach of a Bt-related license agreement. In that suit, a California jury awarded Mycogen damages of $174.9 million as a result of Monsanto's breach of contract.

Mycogen's victories are also a win for Dow Chemical, which has a majority ownership stake in the agricultural biotechnology company through its Dow AgroSciences subsidiary.

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