To: twt who wrote (470 ) 11/9/1998 11:42:00 AM From: Anthony Wong Respond to of 2539
Novartis Loses Bid for $194 Mln in Patent Suit With Monsanto Bloomberg News November 9, 1998, 10:58 a.m. ET Novartis Loses Bid for $194 Mln in Patent Suit With Monsanto Wilmington, Delaware, Nov. 9 (Bloomberg) -- Novartis AG, the world's largest agricultural products company, lost a bid to collect $194 million from Monsanto Co. and DeKalb Genetics Corp. when a jury decided Novartis' corn seed patent was invalid. After three hours of deliberation following a two-week trial, a federal jury of five women and four men in Wilmington, Delaware today also said Basel, Switzerland-based Novartis failed to prove that Monsanto or DeKalb infringed on claims of the patent, filed in 1987 and awarded last year. The verdict was a significant victory for St. Louis-based Monsanto and Illinois-based DeKalb, which claimed that their scientists invented the technology for inserting a modified Bacillus thuringiensis (Bt) gene into corn plants to produce a protein that kills corn-eating insects. The market for such bioengineered crops could reach $20 billion in the next decade, analysts say. ''We're extremely pleased with the outcome. This reaffirms that we are the pioneers with DeKalb in this form of biotechnology,'' said Monsanto lawyer David Snively. Novartis lawyers would not immediately comment. Novartis sued Monsanto and DeKalb in 1997, claiming its two rivals should pay up to $194 million in lost sales and royalties because they allegedly used Novartis' patented process for making the corn seed. Shares of Novartis fell 3 francs to 2,480 in Zurich. American depositary receipts of Novartis rose 3/4 to 91 when last traded Friday. Monsanto fell 1/16 to 39 7/8 in morning trading today. DeKalb shares rose 1/4 to 91 1/8. --Phil Milford in Wilmington, Delaware (302) 984-3373, through