Court Denies Dow AgroSciences Motion to Dismiss Patent Infringement Lawsuit, Bayer CropScience Claim Will Continue Via Arbitration

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Unauthorized Use of Bayer's Herbicide Tolerant Plant Intellectual Property is Focus of Claim Involving Four Bayer Patents

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Bayer CropScience announced today that the United States District Court for the Eastern District of Virginia (EDVA) has upheld Bayer’s right to pursue its claims against Dow AgroSciences (DAS) based upon DAS’s unauthorized use of Bayer patents related to glufosinate-tolerance technology (Liberty Link®).*

The Federal Court denied Dow’s motion to dismiss the pending lawsuit and ordered Dow to enter into arbitration with Bayer on the matter within 30 days and to provide the Court a "joint status report" every 120 days until the arbitration is concluded. The License Agreement between the parties includes a broad arbitration clause.

The Court issued a Stay of the pending EDVA lawsuit until the arbitration is concluded or the case is otherwise removed from the court docket.

The lawsuit asserts infringement of four Bayer patents and follows two previous claims involving seven Bayer glyphosate-tolerance technology patents and Bayer's 2,4-D herbicide tolerance patent. Those proceedings are currently underway before the federal court in Delaware.**

Bayer’s actions in defense of its glufosinate-tolerance, 2,4-D herbicide tolerance and glyphosate-tolerance technology patents and stacking of such technologies followed announcements made by Dow AgroSciences regarding its Enlist™ Weed Control System.

Bayer CropScience is a global leader providing innovative solutions in support of modern agriculture. The company is committed to delivering high-yielding seed and innovative trait technologies to help farmers worldwide meet the ever-increasing demand for affordable, high-quality food, feed, fiber and energy crops.

For additional information and background on other sustainability initiatives please visit . To learn more about Bayer CropScience, visit or contact your local sales representative for product information.

*Bayer CropScience AG et al v. Dow AgroSciences LLC et al., C.A. 2:12-0047-RAJ (E.D. Va.)

**Bayer CropScience AG v Dow AgroSciences LLC, C.A. No. 10-1045-RMB (D. Del.) and Bayer CropScience AG v. Dow AgroSciences LLC, C.A. No. 12-256-RGA (D. Del.).

About Bayer CropScience
Bayer is a global enterprise with core competencies in the fields of health care, nutrition and high-tech materials. Bayer CropScience, a subgroup of Bayer AG with annual sales of EUR 7.255 billion (2011), is one of the world’s leading innovative crop science companies in the areas of crop protection, non-agricultural pest control, seeds and traits. The company offers an outstanding range of products and extensive service backup for modern, sustainable agriculture and for non-agricultural applications. Bayer CropScience has a global workforce of 21,000 and is represented in more than 120 countries. This and further news is available at:

Bayer CropScience Media Hotline, 1-877-879-6162, or

Jack Boyne
Director of Communications
Bayer CropScience
Tel: (919) 549-2231
Email: jack.boyne(at)bayer(dot)com

Beth Roden
External Communications Lead
Bayer CropScience
Tel: (919) 549-2030
Email: beth.roden(at)bayer(dot)com

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Forward-Looking Statements
This release may contain forward-looking statements based on current assumptions and forecasts made by Bayer Group or subgroup management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer’s public reports which are available on the Bayer website at The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.

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Beth Roden

Jack Boyne
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