Court Confirms Dow Chemical Invented Insect-Resistance Trait

18-Aug-2004

Indianapolis. A subsidiary of The Dow Chemical Company was the first to invent the B.t.-based insect resistance trait Cry1F, according to an August 13, 2004, decision rendered by the United States District Court for the Southern District of California in San Diego.

Cry1F is the protein conferring insect resistance in Dow AgroSciences' Herculex(R) I Insect Protection corn seed, now sold in the U.S. and Canada; and in WideStrike(R) insect-resistant cotton seed, currently scheduled, pending regulatory approvals, for commercial launch in the U.S. in time for the 2005 growing season.

"This decision vindicates our position that Dow Chemical -- not Monsanto -- was the inventor of Cry1F insect resistance," said Pete Siggelko, Dow AgroSciences vice president of Plant Genetics and Biotechnology. "It also ensures that corn and cotton growers will continue to have extremely competitive alternatives to Monsanto technology."

Dow AgroSciences is an affiliate of Mycogen Corporation, the successful party in the litigation. Both companies are wholly-owned subsidiaries of The Dow Chemical Company.

"Growers are empowered when they have a choice of technologies," Siggelko said. "This decision gives growers that choice -- and that's good for both the grower and the market."

Cry1F-containing Herculex I corn is the only in-plant insect-protection trait on the market that protects corn against both Western bean cutworm as well as European corn borer. Herculex I corn hybrids are currently available from Mycogen Seeds and Triton Genetics LLC.

WideStrike insect-resistant cotton, also containing Cry1F insect resistance, will offer growers the convenience and security of "in-plant" insect control. It will also provide exceptional, season-long protection from a broad spectrum of cotton's most damaging pests.

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