DuPont ‘Fraud’ in Monsanto Seed Case Unsealed by Judge
November 30, 2012 0:04 PM EST

DuPont Co. (DD), the most valuable U.S. chemical maker, lied to a federal court and investors about its right to use Monsanto Co. seed technology as a central part of its defense in a patent lawsuit, a judge ruled.

DuPont “knowingly perpetrated a fraud against the court,” according to a Nov. 16 order by U.S. District Judge Richard Webber unsealing sanctions he levied last December that limited the company’s defenses in the lawsuit brought by Monsanto. The two companies are the largest in the $34 billion commercial seed market.

E-mails from DuPont executives and lawyers show they knew the company didn’t have an agreement allowing it to combine Monsanto’s Roundup Ready soybeans with a second trait, while telling the court and public for years that it had such a right, Webber ruled. Because the sanction order was sealed, DuPont has “been able to continue their public relations spin,” the judge wrote.

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