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This excerpt taken from the SYT 20-F filed Mar 1, 2006. Lundquist Patent Case On July 27, 2004, DeKalb Genetics Corp commenced an action against Syngenta Seeds, Inc. and Syngenta Biotechnology, Inc. in the United States District
Court for the Northern District of Illinois alleging infringement of US Patent No. 5,538,880 and US Patent No. 6,013,863 (“the Lundquist patents”) by making and using corn containing genes that confer glyphosate resistance (GA21). Syngenta
filed a Motion to Dismiss on September 20, 2004, on the grounds that DeKalb’s Complaint was legally deficient and failed to state a claim. On November 12, 2004, Syngenta filed its alternative Motion to Transfer this case to Delaware. On January 27, 2005, DeKalb amended its complaint to add the Golden Harvest companies as defendants. The
Golden Harvest Companies joined in the motion to transfer and on May 19, 2005 the court transferred the case to the District of Delaware and on August 18, 2005 the parties agreed to consolidate this case with the Shah case and to add Garst as a
defendant. A motion for summary judgement on non-infringement of the Lundquist patents was filed January 11, 2006. A hearing on summary judgement and claim construction is scheduled for March 9, 2006 and consolidated trial with the Shah patent
above is scheduled to commence May 30, 2006.
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