Syngenta Fails to Obtain Injunction Against Bunge
Courts refused to grant temporary injunction to force Bunge to accept corn with Viptera trait.
Compiled by staff
Published: Sep 28, 2011
Syngenta sued Bunge last month in U.S. District Court for Northern Iowa, claiming a decision by the grain merchandiser not to accept corn grown with the Agrisure Viptera seed was arbitrary and harmed Syngenta's reputation.
According to a ruling filed this week, a federal judge has sided with Bunge in its refusal to buy corn containing the Agrisure Viptera trait, denying a preliminary injunction sought by Syngenta.
Federal Judge Mark W. Bennett denied Syngenta's request for the preliminary injunction, writing that, while the seed maker does "face a substantial threat of reputational harm," it isn't clear Bunge is to blame.
"Bunge's decision to reject Viptera corn at all of its locations was a legitimate and reasonable business decision," Bennett wrote in a decision dated Monday.
The judge also said in his decision that "Syngenta has no likelihood of success on the merits of its claims."
Although the preliminary injunction has been denied, the court case will continue to move forward, according to a Syngenta spokesperson. "This lawsuit is only part of Syngenta’s determination to secure greater clarity for growers regarding industry marketing practices for newly approved technologies, enabling them to market their grain with confidence," the company said. "From this perspective, our determination is unchanged."
USDA degregulation for Agrisure Viptera corn was received April 2010. Following that, the company received approvals for cultivation in Canada, Argentina and Brazil and import in several countries, including Brazil, Canada, Japan, Mexico and more. Approval for China is still pending and expected in early 2012, the company said.
Agrisure Viptera corn first became commercially available to U.S. corn farmers for the 2011 planting season. The corn provides protection from 14 insects, including corn borer and corn rootworm.
Bunge in a statement said it is pleased with the ruling and expects the court to eventually reject Syngenta's suit outright.
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Tagged: Syngenta, viptera, Viptera corn, Agrisure Viptera corn, usda
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