Ciba Seeds, DeKalb, Mycogen, Plant Genetic Systems N.V. regulatory update

Plant Genetic Systems received a U.S. patent covering Bacillus thuringiensis genes that encode proteins toxic to several agricultural pests, including the European corn borer. The patent covers genes under control of a plant promoter and which encode truncated Cry1Ab proteins.

Plant Genetic Systems has filed a motion in the U.S. District Court for the Middle District of North Carolina to add the patent to its pending patent infringement litigation against Ciba Seeds and MYCO's Mycogen Plant Science Inc. subsidiary. Plant Genetic Systems originally sued the companies in 1995, alleging that Ciba Seeds' Maximizer insect-resistant corn infringes Plant Genetic's U.S. Patent No. 5,254,799, which covers plant cell and tissue that is transformed using the Cry1Ab gene (see BioCentury Nov. 6,1995). ...