Settlement in appeal proceedings in China Bayer CropScience .rtf by wangnuanzg


									Settlement in appeal proceedings in China:

Bayer CropScience defends mefenpyr safener patent

Monheim, September 1, 2009 – Bayer CropScience has successfully ended a patent
infringement dispute in China with the two Chinese companies Jiangsu Tian Rong Group
Ltd. (Tian Rong) and Yixing Hua Dong Agrochemical Company Ltd. (Hua Dong), and in
so doing has defended its patent for the safener mefenpyr.

Bayer CropScience had initiated litigation against Tian Rong and Hua Dong for infringing
its mefenpyr patent. In January 2009, the Wuxi intermediate court of first instance ruled in
favor of the Bayer subgroup. The two defendants appealed the decision to Jiangsu High
Court in March. Recently, however, the decision of the first instance court became
effective due to the withdrawal of the appeal by Tian Rong and Hua Dong. Moreover,
under Jiangsu High Court’s mediation, a settlement was reached between Bayer
CropScience and the two companies, under which Tian Rong and Hua Dong undertook to
cease the infringing acts. Bayer CropScience will further receive damages and a public
apology from the infringer.

“We are very happy with the settlement,” commented Dr. Ralf Jesse, Global Head of
Patents & Licensing at Bayer CropScience. “This case shows our commitment to defend
our patents worldwide and that we take the defense of our patents seriously.”

Tian Rong unlawfully produced mefenpyr, a proprietary Bayer CropScience safener that is
mixed with fenoxaprop-P-ethyl and other active ingredients. Tian Rong and Hua Dong
sold the product to Chinese farmers and to customers in other Asian countries. Dr. Jesse
said: “Counterfeiting is a serious concern for all stakeholders. The use of unlicensed
products can endanger the health of farmers and consumers, damage crops or destroy
them completely, and harm the environment. Furthermore, it can cause significant
economic damage to farmers, the entire food value chain and our industry.”

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About Bayer CropScience
Bayer is a global enterprise with core competencies in the fields of health care, nutrition
and high-tech materials. Bayer CropScience AG, a subsidiary of Bayer AG with annual
sales of about EUR 6.4 billion (2008), is one of the world’s leading innovative crop
science companies in the areas of crop protection, non-agricultural pest control, seeds
and plant biotechnology. The company offers an outstanding range of products and
extensive service backup for modern, sustainable agriculture and for non-agricultural
applications. Bayer CropScience has a global workforce of more than 18,000 and is
represented in more than 120 countries. This and further news is available at:

Utz Klages, phone: +49 2173 38-3125

Find more information at
kgs         (2009-0492E)

Forward-Looking Statements
This release may contain forward-looking statements based on current assumptions and forecasts made by Bayer
Group or subgroup management. Various known and unknown risks, uncertainties and other factors could lead to
material differences between the actual future results, financial situation, development or performance of the company
and the estimates given here. These factors include those discussed in Bayer’s public reports which are available on
the Bayer website at The company assumes no liability whatsoever to update these forward-looking
statements or to conform them to future events or developments.

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