Iowa Farmer Today
05-26-07
ISU research foundation sues Monsanto over soybean patents
By Tim Hoskins, Iowa Farmer Today
The Iowa State University Research Foundation is suing Monsanto over lowlinolenic soybeans.
Walter Fehr, the ISU soybean breeder who developed low-linolenic soybeans,
confirmed the foundation filed the lawsuit Monday in U.S. District Court in Des
Moines.
Ed Sease, an attorney with the Des Moines law firm of McKee, Voorhees and
Sease, told Iowa Farmer Today the lawsuit was over low-linolenic soybeans
patented by Fehr.
In the suit, the foundation alleges Monsanto infringed on its low-lin soybean
patents when it developed its Vistive line of that type of beans.
Fehr and Earl Hammond, a retired professor, received patents for low-lin
beans.
The lawsuit alleges:
* Monsanto infringed on patent 5,534,425, which was granted to Fehr and
Hammond on July 9, 1996, for low-lin beans.
* Monsanto infringed on patent 5,710,369, issued to Fehr and Hammond on
Jan. 20, 1998.
* When confronted by ISU, Monsanto requested a meeting and asked neither
lawyers nor Fehr to be present. The meeting reportedly was Feb. 28.
“At this meeting, possible settlement terms were discussed, but no agreement
was reached,” the suit says.
In addition, it says Monsanto representatives were told Fehr would have to
approve any terms.
The foundation said it confronted Monsanto about the patent rights after the Feb.
28 meeting.
The lawsuit claims Monsanto responded with a letter on May 8 from John
Eberwine, Monsanto’s director of trait licensing, saying the company “stands
ready to perform under the agreement reached with ISURF (the foundation) at
our meeting of February 28.”
The foundation says no agreement was reached. It asks the court to decide if an
agreement was reached at the Feb. 28 meeting.
Overall, the foundation is seeking an injunction against Monsanto from infringing
on each of its patents, award of damages and interest from alleged infringement
on the patents and attorney fees.
In a written statement Tuesday about the situation, ISU officials said “ISURF has
reached a stalemate in our attempt to resolve a patent dispute with Monsanto
over low-linolenic acid soybeans. We remain hopeful that we will be able to work
out our differences, and this has been communicated to Monsanto.”
In a written statement Tuesday afternoon, Monsanto officials said, “Monsanto
Company’s scientists developed its patented soybean product containing lowlinolenic acid, using publicly available germplasm. We did not use any material
from ISU and did not infringe upon any of ISU’s patents.
“Nevertheless, when we learned there was a dispute, to avoid litigation, we
worked to resolve the issue, since we have had a long, productive relationship
with Iowa State University, where a number of our employees obtained their
education.
“We did indeed reach an agreement on this issue. We believe ISU’s claims are
without merit, and we hope for a timely resolution.”