Monsanto-DuPont bicker over herbicide tolerant tech

By Steve James

NEW YORK (Reuters) - Monsanto Co, the world's biggest seed company, said on Tuesday it sued chemical maker DuPont for unlawful use of its proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn.

DuPont responded by accusing Monsanto of trying to deny access to alternative technologies at a time when farmers are struggling with weeds that are increasingly resistant to current Monsanto products.

"We are disappointed Monsanto chose litigation and inflammatory public statements over civil discourse," James Borel, a DuPont group vice president, said in a statement.

Monsanto said its suit was filed on Monday in federal court in St Louis against DuPont and its subsidiary, Pioneer Hi-Bred International, Inc.

"As the saying goes, imitation is the sincerest form of flattery," Monsanto's Chief Executive Officer Hugh Grant said in a statement. "However, unlawfully taking technology is neither imitation nor flattery; it is unethical and wrong."

Monsanto said Pioneer, like other seed companies, has the right to sell soybeans and corn with the Roundup Ready trait. Pioneer has said publicly it plans to replace the Roundup Ready trait with DuPont's claimed glyphosate tolerant Optimum GAT trait, Monsanto said.

"However, Pioneer has recently admitted that the Optimum GAT trait when used alone presents unacceptable risks to farmers," it said in a statement.

Monsanto's suit says that to repair these deficiencies, Pioneer is misusing the Roundup Ready trait to mask problems with Optimum GAT.

"This violates Monsanto's contract rights and U.S. patents," it said in the suit, demanding DuPont honor its agreements and respect patented technologies.

DuPont's Borel said the lawsuit incorrectly claimed that Pioneer and DuPont may not combine, or "stack", the Optimum GAT trait with any soybeans already containing a Roundup Ready trait.

"Monsanto's so-called 'stacking' restriction is one of many practices that Monsanto engages in to limit the availability of competitive products," he said.

Earlier, DuPont spokesman Dan Turner told Reuters via e-mail that the chemical company had attempted to work "in good faith" through the mediation process that Monsanto requested.

"We fundamentally disagree with Monsanto's position that they can use their current trait monopoly to prevent the introduction of competitive seed products for U.S. growers.

"This is yet another example of Monsanto trying to flex its anti-competitive muscle in the market, by stifling healthy competition among seed producers that are looking to grow yields for those that matter most -- the farmers," he added.

(Editing by Derek Caney, Leslie Gevirtz)