Wilmington, Delaware
March 21,  2001

DuPont today confirmed that nothing from yesterday's ruling by the Federal District Court in St. Louis precludes its subsidiary, Pioneer Hi-Bred International, from continuing to market Roundup Ready® soybeans and Roundup Ready® canola. Pioneer will immediately appeal the ruling and plans to continue marketing the products during the appeal process.

A federal judge in St. Louis ruled that certain license agreements between Monsanto and Pioneer relating to Roundup Ready® soybeans and Roundup Ready® canola did not survive Pioneer's merger with DuPont on October 1, 1999. The decision came in response to a motion for summary judgment filed by Monsanto. The court also granted Pioneer's motion for summary judgment, ruling that Monsanto was not entitled to any damages for alleged breach of these license agreements.

The court's decision stated "there is substantial ground for difference of opinion and that an immediate appeal of these determinations may materially advance the ultimate termination of the litigation.''

The question before the court is whether federal common law or state merger law should apply to patent license agreements in merger situations. DuPont and Pioneer believe that state merger law controls and that the court of appeals will agree and reinstate the license agreements.

DuPont is a science company, delivering science-based solutions that make a difference in people's lives in food and nutrition; health care; apparel; home and construction; electronics; and transportation. Founded in 1802, the company operates in 70 countries and has 94,000 employees. 

Company news release
N3421