Indianapolis — Oct. 8, 2013 — Dow AgroSciences LLC, a wholly-owned subsidiary of The Dow Chemical Company (NYSE: DOW), has won a second lawsuit involving its Enlist technology. In a 28-page decision issued yesterday, the federal court ruled that Dow AgroSciences has the right to sell Enlist E3™ soybean seed and that Bayer’s lawsuit seeking to prevent Dow AgroSciences from doing so must, therefore, be dismissed. In reaching its decision, the Court indicated that it was unable to find objective evidence supporting Bayer’s arguments.
The lawsuit, initially filed in January 2012 by Bayer CropScience AG, alleged that Dow AgroSciences’ intention to sell Enlist E3 soybean seed infringed several of its glyphosate tolerance patents. Yesterday’s decision comes just five weeks after the Court of Appeals for the Federal Circuit affirmed Dow’s summary judgment win over Bayer in the first case initiated by Bayer involving Dow’s Enlist 2,4-D tolerance technology.