WASHINGTON, May 31, 2017 - Dow AgroSciences has paid Bayer CropScience $469.4 million to resolve a patent dispute over a gene conferring glufosinate resistance. The payment was revealed in a Bayer court filing on Tuesday in federal court in Virginia.
Bayer uses the gene in its LibertyLink line of products. Dow uses it in its Enlist cotton and soybean seeds. An international arbitration panel awarded Bayer more than $455 million plus interest in 2015 and the federal court in Virginia affirmed the award in January 2016. Dow then appealed to the Federal Circuit Court of Appeals, which ruled for Bayer. Finally, Dow asked for review by the full Federal Circuit, which rejected the request earlier this month.
When Dow then “indicated an intention” to petition the Supreme Court, Bayer asked the federal court in Virginia to enforce its order upholding the arbitration award. At the time the Federal Circuit ruled against Dow in March, the company said the decision would have no impact on its plans for Enlist™, or its soybean or cotton businesses.
A spokesperson told Agri-Pulse that “Dow AgroSciences is continuing to pursue our legal options with respect to the matter. The arbitration decision and related payment do not impact our commercialization plans.”