Pioneer Hi-Bred Research Articles

Vitamin A value of high beta‐carotene yellow maize in humans

This study determined the vitaminA value of yellow maize β‐carotene in humans. Yellow maize was grown in a 23 atom% 2H2O cultural solution. Intrinsically labeled yellow maize β‐carotene showed the highest abundance of enrichment as[2H9] β‐carotene. Eight healthy men with mean age of 48.4±10, serum retinol concentration 59.2±17.l μg/dL, and BMI 22.4±3.1 volunteered and adhered to study diets. On day‐1 after a fasting blood sample draw, subjects consumed 300g of yellow maize porridge containing 1mg β‐carotene, 20g of fat and a blank oil capsule. On day‐8 a fasting blood sample was drawn, subjects consumed 1mg [13C10] retinyl acetate in oil capsule and 300g of white maize porridge with 20g of fat. Thirty six bloodsamples were collected from each subject over a span of 36‐days. Concentrations and enrichments of retinol and β‐carotenein dose and serum were determined by using HPLC, GC/MS and LC/MS.The AUC of retinol from yellow maize β‐carotene (1 mg) was 72.9nmole·d and the AUC of retinol 13C10 (1mg) was 161.1nmole·d. The conversion factor of yellow maize β‐caroteneto retinol was 2.7 ± 1.0 to 1 by weight. The conversion factor was negatively correlated with age and serum concentration of retinol (p<0.05). In eight healthy Zimbabwean men 1mg yellow maize β‐caroteneconsumed with 20 g fat has the same vitamin A activity as 0.37 mg retinol. (Funding: Nutricia Research Foundation and Pioneer Hi‐Bred International)

Double Patenting and Process Patents; Apparently, Oxford, U.K., Is Not in California; When Does the Two-Way Test for Obviousness Apply?; Illumina Sues for Infringement of Analytical Technology Patent; Ruling in Favor of Affymetrix Overturned; Abbott Ordered to Pay $1.67 Billion; BASF Sues Pioneer Hi-Bred for Unlawful Use of Technology; DuPont Countersues Monsanto; Beckman, Orchid, and Sequenom Suit Dropped

Double Patenting and Process Patents; Apparently, Oxford, U.K., Is Not in California; When Does the Two-Way Test for Obviousness Apply?; Illumina Sues for Infringement of Analytical Technology Patent; Ruling in Favor of Affymetrix Overturned; Abbott Ordered to Pay $1.67 Billion; BASF Sues Pioneer Hi-Bred for Unlawful Use of Technology; DuPont Countersues Monsanto; Beckman, Orchid, and Sequenom Suit Dropped

Inferences for genotyping error rate in ancestry identification from simple sequence repeat marker profiles

Genotyping errors can cause difficulties in a variety of scientific analyses including enetic mapping of diseases, ancestry identification, and gene environment interaction etection. This work develops maximum likelihood approaches to estimating genotyping rror rates in the context of calculating ancestry probabilities from simple sequence epeat (SSR) marker profiles. The likelihood function is based on the probabilities for bserved alleles at each marker locus given ancestral genetic profiles. Simulations are sed to demonstrate and evaluate the likelihood approach to inferences. Simulation results ndicate that the quality of inferences is impacted by the relationship (parents or randparents) of the closest ancestors. We apply the methods to a data set of maize SR marker profiles provided by Pioneer Hi-Bred International, Inc. where the results ndicate a low error rate.

Evaluation of Nutritional Equivalency of Corn Grain from DAS-Ø15Ø7-1 (Herculex* I) in the Diets of Laying Hens

Grain from transgenic corn line TC1507 (Herculex* I) from Pioneer Hi-Bred International Inc. and Dow AgroSciences LLC, which expresses the Cry1F protein from Bacillus thuringiensis to provide protection from lepidopteran pests of corn, was compared with its isoline equivalent and 2 conventional corn strains in a 16-wk laying hen feeding trial. Egg production and production efficiency of hens fed the diet formulated with transgenic grain TC1507 were similar to those of hens fed diets formulated with isoline or nontransgenic conventional corns. Hens fed TC1507 had similar egg qualities as those fed nontransgenic grain diets. Diet × phase interactions were noted for Haugh unit and Roche color fan score. Hens fed conventional corn 2 had a poorer Haugh unit score compared with hens fed the other 3 diets. Conventional corn 1 had greater levels of xanthophylls compared with the other corn treatments, resulting in increased Roche color fan score for eggs produced by hens fed this diet. Overall, hens fed the transgenic Herculex* I corn grain containing the Cry1F protein performed as well as hens fed the isoline equivalent of Herculex* I and hens fed the conventional corn grains.

FACE‐ing the facts: inconsistencies and interdependence among field, chamber and modeling studies of elevated [CO2] impacts on crop yield and food supply

FACE‐ing the facts: inconsistencies and interdependence among field, chamber and modeling studies of elevated [CO₂] impacts on crop yield and food supply

Subchronic feeding study of herbicide–tolerant soybean DP-356Ø43-5 in Sprague–Dawley rats

Optimum™GAT™ 1Optimum™GAT™ is a registered trademark of Pioneer Hi-Bred International, Inc.1 soybean is a genetically modified (GM) soybean containing event DP-356Ø43-5 (356043) that was produced by integration of the coding sequences of the GAT4601 and GM–HRA proteins. In planta expression of these proteins confers tolerance to glyphosate and sulfonylurea/imidazolinone herbicides, respectively. This paper reports the results from a subchronic rat feeding study conducted with 356043 soybeans. Dehulled/defatted toasted meal and toasted ground hulls were prepared from soybeans from untreated plants (356043), herbicide-treated plants (356043+Gly/SU), non-transgenic isoline control (091), and three commercial non-transgenic reference varieties (93B86, 93B15, and 93M40). Individual diets conforming to standard certified rodent chow formulation (Purina Rodent LabDiet® 5002) were prepared with 20% meal (w/w) and 1.5% hulls (w/w). Diets were fed to young adult Sprague–Dawley rats (12/sex/group) for at least 93 days. Compared with rats fed the isoline control or conventional reference diets, no biologically-relevant, adverse effects were observed in rats fed diets containing 356043 or 356043+Gly/SU soybean with respect to body weight/gain, food consumption/efficiency, clinical signs, mortality, ophthalmology, neurobehavioral assessments (sensory response, grip strength, motor activity), clinical pathology (hematology, coagulation, serum chemistry, urinalysis), organ weights, and gross and microscopic pathology. The results from this study indicate that 356043 soybeans are as safe and nutritious as conventional non-GM soybeans.

Registration of IBM2 SYN10 Doubled Haploid Mapping Population of Maize

Journal of Plant RegistrationsVolume 1, Issue 1 p. 81-81 Genetic Stock Registration of IBM2 SYN10 Doubled Haploid Mapping Population of Maize T. Hussain, Corresponding Author T. Hussain Tanveer.hussain@pioneer.com Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Corresponding author (Tanveer.hussain@pioneer.com).Search for more papers by this authorP. Tausend, P. Tausend Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this authorG. Graham, G. Graham Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this authorJ. Ho, J. Ho Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this author T. Hussain, Corresponding Author T. Hussain Tanveer.hussain@pioneer.com Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Corresponding author (Tanveer.hussain@pioneer.com).Search for more papers by this authorP. Tausend, P. Tausend Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this authorG. Graham, G. Graham Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this authorJ. Ho, J. Ho Pioneer Hi-Bred International, Inc., P.O. Box 85, Johnston, IA, 50131Search for more papers by this author First published: 01 May 2007 https://doi.org/10.3198/jpr2005.11.0414crsCitations: 24 All rights reserved. No part of this periodical may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Permission for printing and for reprinting the material contained herein has been obtained by the publisher. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat No abstract is available for this article.Citing Literature Volume1, Issue1May 2007Pages 81-81 RelatedInformation

Evolution of North American Dent Corn from Public to Proprietary Germplasm

ABSTRACTCurrent corn (Zea mays L.) hybrids are produced using proprietary inbred lines as parents. These proprietary lines are protected by U.S. Patent and/or the U.S. Plant Variety Protection Act (PVPA) and their use is restricted, but as protection expires these lines become available to the entire corn breeding industry. Our objectives were to gain understanding of this protected germplasm by utilizing pedigree information available in the U.S. Patent and PVPA records to enhance the use of this germplasm in new line development as the lines become publicly available. Ownership, derivation, and lineage of corn inbred lines protected by U.S. Patent or PVPA from 1980 to 2004 were surveyed. Thirty‐three companies have protected 908 corn inbred lines and four of these companies: Dekalb Genetics (DK), Holden's Foundation Seeds (LH), Pioneer Hi‐Bred (PH), and Syngenta (SG) originated 685 of them. We identified the most significant lines by their cumulative use as parents in the development of new lines. Much of today's germplasm originates from seven progenitor lines: B73, LH82, LH123, PH207, PH595, PHG39, and Mo17. The germplasm surveyed is grouped by pedigree lineage into Oh43, Lancaster, Oh07‐Midland, Iodent, Stiff Stalk, Commercial hybrid derived, and Argentine Maiz Amargo backgrounds, with new diversity emerging from the two latter groups. Recycling elite inbred lines using two‐parent crosses followed by pedigree breeding was the most prevalent method of new line development.

DuPont, Syngenta Plan Bioinitiatives

Atan April 10 press conference at the Biotechnology Industry Organization's BIO 2006 in Chicago, DuPont and Swiss partner Syntechnolgenta announced that they have taken steps to enhance their seed traits business. DuPont's Pioneer Hi-Bred International unit and Syngenta have formed a 50-50 joint venture, under the name GreenLeaf Genetics, that will out-license corn and soybean proprietary breeding material from the two parent firms to other seed companies. Syngenta initially launched GreenLeaf Genetics in 2004 to license its own seed traits to other seed companies. At first, the partners say, they plan to target small and family-owned U.S. and Canadian seed companies. But ultimately, the joint venture, based in Omaha, Neb., could sell to seed companies worldwide. In addition, the two companies have reached an agreement to cross-license certain corn and soybean traits that each company will market under its own seed brands. The agreement includes a license to allow Syngenta ...

Registration of ‘Whitten’ Kenaf

Crop ScienceVolume 46, Issue 2 p. 988-988 Registrations of Cultivar Registration of ‘Whitten’ Kenaf Correction(s) for this article Registration of ‘Whitten’ Kenaf B. S. Baldwin, J. E. Hollowell, J. W. Mosley, R. D. Cossar, Volume 49Issue 4Crop Science pages: 1534-1534 First Published online: July 1, 2009 Registration of ‘Whitten’ Kenaf B. S. Baldwin, J. E. Hollowell, J. W. Mosley, R. D. Cossar, Volume 3Issue 2Journal of Plant Registrations pages: 208-208 First Published online: May 1, 2009 B.S. Baldwin, Corresponding Author B.S. Baldwin [email protected] Dep. Plant Soil Sci., Miss. State Univ., Box 9555, MS, 39762Corresponding author ([email protected])Search for more papers by this authorJ.E. Hollowell, J.E. Hollowell Pioneer Hi-bred International, Inc., 11329 Hwy 70, Proctor, AR, 72376Search for more papers by this authorJ.W. Mosley, J.W. Mosley RiceTec, Inc., 1502 Terrace Rd., Cleveland, MS, 38732Search for more papers by this authorR.D. Cossar, R.D. Cossar Monsanto, Inc., 7622 Moore Rd., Memphis, TN, 38120Search for more papers by this author B.S. Baldwin, Corresponding Author B.S. Baldwin [email protected] Dep. Plant Soil Sci., Miss. State Univ., Box 9555, MS, 39762Corresponding author ([email protected])Search for more papers by this authorJ.E. Hollowell, J.E. Hollowell Pioneer Hi-bred International, Inc., 11329 Hwy 70, Proctor, AR, 72376Search for more papers by this authorJ.W. Mosley, J.W. Mosley RiceTec, Inc., 1502 Terrace Rd., Cleveland, MS, 38732Search for more papers by this authorR.D. Cossar, R.D. Cossar Monsanto, Inc., 7622 Moore Rd., Memphis, TN, 38120Search for more papers by this author First published: 01 March 2006 https://doi.org/10.2135/cropsci2005.07-0215Citations: 9 Registration by CSSA. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL No abstract is available for this article.Citing Literature Volume46, Issue2March–April 2006Pages 988-988 RelatedInformation

Effect of cutting height and genetics on composition, intake, and digestibility of corn silage by beef heifers1

This research was conducted to determine the effect of corn genetics and cutting height on the composition and nutritive characteristics of corn silage. An in situ study involving eight commercially available corn hybrids indicated main effects and interactions (P < 0.01) of hybrid and cutting height on NDF, ADF, and starch content and on in situ DM and NDF degradablility. Four ruminally cannulated Angus heifers (initial BW = 378 +/- 3 kg) were used in a 4 x 4 Latin square digestion experiment with a 2 x 2 factorial treatment arrangement. Main effects and interactions of hybrid (Pioneer Hi-Bred Int., Inc., hybrids 3335 and 3223) and cutting height (LO = 20.3 cm, and HI = 61 cm) were evaluated. Dietary treatment consisted of 40% chopped alfalfa hay and 60% corn silage. Although corn silage hybrids used were of equivalent maturity at harvest (60% milkline), 3335 treatments had 37.8% starch and 34.8% NDF, whereas 3223 treatments had 33.7% starch and 38.6% NDF. The LO treatments averaged 3.1 percentage units greater in NDF and 3.45 percentage units less in starch content than the HI treatments. Intake of DM was greater for heifers fed 3335-HI than 3335-LO; however, DMI was greater by heifers fed 3223-LO than 3223-HI (hybrid x cutting height interaction, P < 0.05). Starch intake was greater (P < 0.05) and NDF intake was less (P < 0.05) by heifers fed HI vs. LO and fed 3335 vs. 3223 dietary treatments. Digestibility of DM, starch, and NDF was greater (P < 0.05) by heifers fed 3223 than 3335 dietary treatments, but digestibility differences were not observed (P > 0.10) between cutting heights. Rate of in situ DM and starch degradability was not affected (P > 0.10) by hybrid or cutting height; however DM degradability was greater (P < 0.05) for HI than LO corn silage substrates at 8, 16, and 24 h of incubation. Rate of NDF degradability tended (P = 0.08) to be greater for 3223 than for 3335, and for LO compared with HI corn silage. Degradability of NDF was greater (P < 0.05) for 3223 compared with 3335 substrates at 24, 36, and 48 h of incubation. These data suggest fiber may not be an accurate measure of corn silage quality. Whereas cutting height affected chemical composition, we observed genetics to have a greater effect on corn silage quality.

Changes in Pedigree Backgrounds of Pioneer Brand Maize Hybrids Widely Grown from 1930 to 1999

Surveys of pedigree usage indicate that breeding programs can generate genetic diversity in time. There are also concerns that genetic diversity is being lost. Previous studies of pedigree usage in U.S. maize (Zea mays L.) production have reviewed usage of publicly bred inbred lines. However, proprietary inbred lines were already contributing over 90% of U.S. maize production by 1985. This chronological study of germplasm usage compliments previous studies of genetic diversity in U.S. maize production by reporting the pedigree backgrounds of 68 proprietary, widely used maize hybrids released by Pioneer Hi-Bred International during the period 1930 to 1999. Objectives are to identify founder sources for the hybrids and to reveal changes in founder contributions through time. We also compare founder usage with pedigrees of widely used U.S. public inbred lines to measure the extent of their reliance on common germplasm, backgrounds. Pedigrees of the hybrids collectively traced to at least 61 founders. Several founders of the hybrids had complex pedigrees. Founder backgrounds of the hybrids could be traced to at least 22 landraces with additional contributions from other populations or landraces. Public lines used for comparison traced to 14 founders. Nine founders of the public lines were common in the era hybrids; five were unique to the public lines. Differences in founder contributions were evident for the era hybrids and the public lines. Significant contributions from both the private and public sectors were evident in the pedigrees of the era hybrids. Diversity in time was evident. Hybrids tended to associate by decade of initial release. Most new founder contributions occurred in the 1940s (35%), 1960s (36%), and 1980s (20%). Breeding networks have allowed germplasm that was once exotic to the central Corn Belt to contribute improved productivity in that region.

Registration of NC113 Soybean Mapping Population

Crop ScienceVolume 44, Issue 2 p. 704-706 Registration of Mapping Population Registration of NC113 Soybean Mapping Population J.M. Narvel, J.M. Narvel Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorT.E. Carter, Corresponding Author T.E. Carter [email protected] USDA-ARS, North Carolina State Univ., 3217 Ligon St., Raleigh, NC, 27695-7631Corresponding author ([email protected])Search for more papers by this authorL.R. Jakkula, L.R. Jakkula Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorJ. Alvernaz, J. Alvernaz Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorM.A. Bailey, M.A. Bailey Pioneer Hi-Bred International, Inc., 7300 NW 62nd Avenue, P.O. Box 1004, Johnston, IA, 50131-1004Search for more papers by this authorM.A.R. Mian, M.A.R. Mian Noble Foundation, 2510 Sam Noble Parkway, Ardmore, OK, 73402Search for more papers by this authorS.H. Lee, S.H. Lee Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272 School of Plant Science, Seoul National University, Suwon, 441-744 KoreaSearch for more papers by this authorG.J. Lee, G.J. Lee Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272 School of Plant Science, Seoul National University, Suwon, 441-744 KoreaSearch for more papers by this authorH.R. Boerma, H.R. Boerma Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this author J.M. Narvel, J.M. Narvel Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorT.E. Carter, Corresponding Author T.E. Carter [email protected] USDA-ARS, North Carolina State Univ., 3217 Ligon St., Raleigh, NC, 27695-7631Corresponding author ([email protected])Search for more papers by this authorL.R. Jakkula, L.R. Jakkula Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorJ. Alvernaz, J. Alvernaz Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this authorM.A. Bailey, M.A. Bailey Pioneer Hi-Bred International, Inc., 7300 NW 62nd Avenue, P.O. Box 1004, Johnston, IA, 50131-1004Search for more papers by this authorM.A.R. Mian, M.A.R. Mian Noble Foundation, 2510 Sam Noble Parkway, Ardmore, OK, 73402Search for more papers by this authorS.H. Lee, S.H. Lee Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272 School of Plant Science, Seoul National University, Suwon, 441-744 KoreaSearch for more papers by this authorG.J. Lee, G.J. Lee Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272 School of Plant Science, Seoul National University, Suwon, 441-744 KoreaSearch for more papers by this authorH.R. Boerma, H.R. Boerma Dep. of Crop and Soil Sciences, 3111 Miller Plant Sciences Bldg, Univ. of Georgia, Athens, GA, 30602-7272Search for more papers by this author First published: 01 March 2004 https://doi.org/10.2135/cropsci2004.7040Citations: 7 Registration by CSSA. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Citing Literature Volume44, Issue2March–April 2004Pages 704-706 RelatedInformation

ROW-COLUNIN DESIGNS AT PIONEER HI-BRED

Pioneer Hi-Bred annually tests more than one hundred thousand new varieties of corn hybrids. Experimental designs used for these tests include CRD, RCB, nested and split-plot. A Six Sigma project at Pioneer recommended testing the use of incomplete-block (IB) designs. In 2001 some experiments were structured as row-column IE designs. This talk will discuss the experience of implementing and analyzing the row-column designs, summaries of the results, and plans for future experiments.

DUPONT, MONSANTO BURY THE HATCHET

MONSANTO AND DUPONT HAVE decided to let bygones be bygones, agreeing to dismiss all agricultural patent disputes and pending lawsuits between them. The companies are cross-licensing technologies for use in major crops such as corn, canola, and soybeans. Both also are anticipating that the markets for their products will continue to grow. This agreement sets a new, constructive tone that allows both companies to focus their energy and talents on what they do best, namely, making and marketing products to increase farm productivity and efficiency, says Hugh Grant, Monsanto's chief operating officer. Monsanto has led the development of crops that have been genetically engineered for herbicide tolerance and insect resistance. DuPont, meanwhile, spent more than $9 billion between 1997 and 1999 to acquire Pioneer Hi-Bred, the world's largest seed firm. Although Pioneer was a much-needed early licensee that helped commercialize Monsanto's new technology, the two companies became adversaries when Monsanto decid...

J.E.M. Ag Supply, Inc., DBA Farm Advantage, Inc., et al. v. Pioneer Hi-Bred International, Inc.

Biotechnology Law ReportVol. 21, No. 1 TextsJ.E.M. Ag Supply, Inc., DBA Farm Advantage, Inc., et al. v. Pioneer Hi-Bred International, Inc.Published Online:5 Jul 2004https://doi.org/10.1089/073003102317359862AboutSectionsPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail FiguresReferencesRelatedDetailsCited byTechnology, Patents, and Plants: Are the Next Generation of GMOs Patentable?SSRN Electronic JournalPatent Subject Matter EligibilitySSRN Electronic JournalRethinking Patentable Subject Matter and Related IssuesSSRN Electronic JournalLaw and Economics of Intellectual Property: In Search of First PrinciplesSSRN Electronic JournalPatently Unconstitutional: The Geographical Limitation on Prior Art in a Small WorldSSRN Electronic JournalThe Provenance of the Federal Courts Improvement Act of 1982SSRN Electronic Journal Volume 21Issue 1Feb 2002 To cite this article:J.E.M. Ag Supply, Inc., DBA Farm Advantage, Inc., et al. v. Pioneer Hi-Bred International, Inc..Biotechnology Law Report.Feb 2002.61-75.http://doi.org/10.1089/073003102317359862Published in Volume: 21 Issue 1: July 5, 2004PDF download

Intellectual Property: Plants Patentable Under the Utility Patent Statute, PVA, and PVPA

In J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred International, Inc., the U.S. Supreme Court held that utility patents may be issued for newly developed, sexually reproduced plants and plant seeds. Specifically, the Court denied the petitioner's contention that the exclusive means of protecting sexually reproduced plants and plant seeds are found in the Plant Patent Act of 1930 (PPA) and the Plant Variety Protection Act (PVPA). The Court instead affirmed the decisions of the District Courts and the Federal Circuit and held that 35 U.S.C. § 101 (§ 101 or the Utility Patent Act) also allows for the patenting of living organisms.The respondent, Pioneer Hi-Bred, a large seed producer, filed suit for patent infringement on the part of the petitioner, J.E.M. AG Supply, doing business as Farm Advantage, Inc., for reselling bags of respondent's patented hybrid seeds. Pioneer is a major producer and manufacturer of hybrid seeds.

Designing An Optimal Intellectual Property System for Plants: A U.S. Supreme Court Debate

Historically, intellectual property systems have facilitated the commercialization of innovation by offering specialized regimes for specialized circumstances. In 1930, the U.S. Congress created a plant regime designed specifically to provide rights against unauthorized asexual propagation, a serious problem in the nursery industry. In 1970, Congress created a plant variety protection (PVP) regime that is tailored to provide limited rights against duplication of protected varieties via seeds, a matter of obvious importance in the commercialization of crop plants. At the time, no one perceived any conflict between the specialized regimes and the general patent system. However, today, the emergence of biotechnology, and continued advances in breeding techniques, have prompted new questions about the reach of the utility patent regime and its compatibility with plant-specific regimes. In October 2001, the U.S. Supreme Court heard arguments in J.E.M. Ag Supply v. Pioneer Hi-Bred, in which the Court considered whether innovation can be protected -- like all other innovation -- under the general patent system, or whether innovation is to be consigned exclusively to specialized regimes. The Court's decision is likely to have major ramifications for the future application of intellectual property regimes to research. The decision is likely to have significant practical implications as well. Since 1985, the U.S. Patent and Trademark Office (PTO) has granted hundreds of utility patents on all aspects of innovation relating to science: on plants themselves, seeds, breeding methods, biotechnology. The Court's J.E.M. decision could impact the validity of many of these existing utility patents on plants. In this article, we explain the issues that the Court will be asked to consider, assess the Court's options in resolving the case, and propose a resolution that best balances private rights and public access to the results of research. Our proposal calls for the Court to preserve the current state of the law, in which plants fall among the categories of subject matter that are eligible for utility patent protection. The Court should decline the invitation to rework the nation's intellectual property policy as applied to plants, leaving the job of comprehensive policy reformulation - if it is needed at all - to Congress.

Designing an optimal intellectual property system for plants: a US Supreme Court debate.

In J.E.M. Ag Supply v. Pioneer Hi-Bred, the Supreme Court's decision could radically alter the agbiotech landscape.

Seed patent in question

The US Supreme Court will soon decide whether genetically engineered seeds should be awarded utility patents, which currently cover inventions. Although thousands of utility patents have been issued since the laws included plants created from seeds, a new court case has reached the Supreme Court that now challenges patents on seed. The court battle started when Pioneer Hi-Bred International, the world's largest producer of seed corn, sued J.E.M. AG Supply (IA, USA) for infringing on 17 patents. J.E.M. counter sued, claiming that the patents should not have been awarded at all. The central issue before the court is: can plants created from seeds be patented? Although the Patent and Trademark Office declared in 1985 that patent law covered plants created from seeds, the law is now under question. [Chartrand, S. (2001) New York Times, 12 March, Sect. C p. 6]. TS