Monsanto Company Files Patent Infringement Suit Against Generic Glyphosate Importer/Seller

16-Nov-2001

ST. LOUIS, November 13, 2001 - Monsanto Company, the inventor of Roundup® glyphosate herbicide technology, filed suit against Chemical Products Technologies, LLC (CPT), Zetachem USA Inc. and Zetachem PTY LTD. for infringement of three Monsanto patents covering the commercial production of chemicals imported by the companies and marketed by CPT for resale as ClearOut®.

A permanent injunction against import, sale and distribution of the allegedly infringing material in addition to substantial monetary damages have been requested in the lawsuit filed in United States District Court in St. Louis, Missouri.

Defendant CPT is privately owned and is headquartered in Cartersville, Georgia. Zetachem is based in South Africa and also transacts business via its U.S. affiliate. Plaintiffs in the lawsuit are Monsanto Technology LLC and Monsanto Company.

"Monsanto's review of ClearOut® indicates that the foreign chemical was made in violation of Monsanto's patent rights," said Loren Wassell, a company spokesperson for Monsanto.

"We will seek full protection against injury caused by the sale of the material and we intend to request a preliminary injunction against the sale and distribution of the product," he said.

Monsanto is represented in the suit by its main patent trial counsel John Lynch of Howrey Simon Arnold & White, LLP, in Houston, Texas, and a leading St. Louis, Missouri, trial lawyer, Joe Conran of Husch & Eppenberger, LLC.

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