Reuters
05-22-07
University group sues Monsanto over patent
By Carey Gillam
KANSAS CITY, Missouri (Reuters) - A crop technology research group tied to
Iowa State University has accused agricultural biotechnology leader Monsanto
Co. (MON.N: Quote, Profile, Research of "willful and wanton" infringement on
patented technology involving a popular new type of soybean.
In a lawsuit filed Monday in U.S. District Court for the Southern District of Iowa,
the Iowa State University Research Foundation accused Monsanto of
commercializing a low-linolenic acid content soybean, considered healthier and
more desirable than conventional soybeans, although the foundation holds at
least eight patents covering methods for breeding and manufacturing such
soybeans.
The suit claims Monsanto has been aware of the infringement and seeks an
injunction against Monsanto as well as a trebling of damages due to the "knowing
willful and wanton nature of Monsanto's conduct."
The foundation, which manages intellectual property arising from research at
Iowa State University, claims in the suit that university professors have been
developing low-linolenic acid content soybeans since 1968.
The suit states that Monsanto requested a meeting in February with the research
foundation after being notified of the infringement issue, but specifically
requested that no lawyers be present.
Though several settlement options were discussed, none was agreed upon,
according to the research foundation.
Monsanto officials did not immediately respond to queries about the lawsuit.
But the St. Louis-based company states in marketing materials that its "leading
soybean breeders and research scientists have worked for more than a decade"
to develop the soybeans Monsanto has trademarked as "Vistive."
Calling the product "a significant breakthrough," Monsanto says the soybeans
contain less than 3 percent linolenic acid, compared with 8 percent for traditional
soybeans, resulting in a more stable soybean oil and less need for
hydrogenation. The beans are aimed at food processors working to remove
transfats from their products.