Des Moines Register
05-22-07
ISU profs charge Monsanto with patent infringement
By ABBY SIMONS
REGISTER STAFF WRITER
Two professors from the Iowa State University Research Foundation are suing
Monsanto Company for patent infringement after claiming that the St. Louis
corporation developed and began their soybean program based on a low-acid
bean invented at the university.
The lawsuit filed in federal court, alleges that Monsanto began its Vistive
soybean program "without any license or authority from ISURF and now licenses
Iowa State's technology to others."
According to the lawsuit, Iowa State professors Walter Fehr and Earl
Hammond have been awarded several U.S. Patents relateing to soybeans that
contain low linolenic acid content. After the patents were issued, Monsanto
began marketing the soybeans.
Low linolenic acid is associated with lower trans fat levels in soybean oil, making
it healthier. According to ISU's Web site, "Demand for the oil from the food
industry has been high because of its excellent frying and flavor stability without
the hydrogenation process that creates trans fats."
The lawsuit alleges that Iowa State confronted Monsanto regarding their patent
rights, and after two meetings, Monsanto representatives sent a letter saying the
company "stands ready to perform under the agreement reached with the
university at our meeting of February 28th." However, Iowa State contends no
agreement was reached.
University officials ask for injunction against Monsanto's infringement of the
patents, monetary damages and a declaratory judgment that there has been no
settlement agreement between the two entities.