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US court upholds Dow Enlist case ruling

A US appeals court has upheld a lower court's ruling that Dow AgroSciences' genetically modified herbicide-tolerant Enlist crops do not infringe a Bayer CropScience patent. The US Court of Appeals for the Federal Circuit agreed with the US District Court for the District of Delaware's rejection of Bayer's claims, citing the "great breadth of the asserted functional construction".  Last year's District Court ruling was the first in three cases filed by Bayer against Dow over alleged patent infringement in herbicide tolerance technology (Agrow No 649, p 3).

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