This case was last updated from U.S. District Courts on 11/28/2022 at 19:13:04 (UTC).

Pioneer Hi-Bred International Inc. et al v. Syngenta Seeds, LLC

Case Summary

On September 29, 2022, Pioneer Hi-Bred International, Inc. and E. I. du Pont de Nemours and Company (collectively, “Plaintiffs”), represented by Chad S.C. Stover of Barnes & Thornburg, LLP, filed an intellectual property lawsuit against Syngenta Seeds, LLC (“Defendant” or “Syngenta”), seeking declaratory and injunctive relief with damages for alleged patent infringement by Defendant. This case was filed in the U.S. District Court for the District of Delaware with Judge Richard G. Andrews presiding.

This is an action for infringement of United States Patent No. 8,859,846 (“the ’846 Patent”), entitled “Doubling of Chromosomes in Haploid Embryos.”

In the complaint, the plaintiffs claimed, “Syngenta has produced doubled haploid maize plants (including seeds) at sites in the United States (including in at least North Carolina and Hawaii), Chile, and Guatemala since the ’846 Patent issued on October 14, 2014.” 

The plaintiffs alleged, “Syngenta uses, offers to sell, or sells doubled haploid maize plants (including seeds) in the United States that were made by a process claimed in the ’846 Patent. On information and belief, Syngenta imports such doubled haploid maize plants (including seeds) from at least Guatemala and Chile into the United States.”

Plaintiffs then alleged that “after the issuance of the ’846 Patent, Syngenta has infringed at least claim 1 of the ’846 Patent under 35 U.S.C. § 271(g), either literally or under the doctrine of equivalents, by using the method of claim 1 without authority to produce doubled haploid maize plants (including seeds) and import them into the United States, or by using, offering to sell, or selling such doubled haploid maize plants (including seeds) in the United States.”

The plaintiffs claimed, “Syngenta’s infringing use of the patented method is illustrated by a Syngenta Presentation at the XVI Congreso Internacional de Manejo Integrado de Plagas (16th International Congress on Integrated Pest Management) in Guatemala (‘Syngenta Presentation’) [...] The presentation is dated April 2019.” 

The plaintiffs further alleged, “The Syngenta Presentation shows that Syngenta has used an infringing method that includes each of steps (a) through (e) of claim 1 of the ’846 Patent.”

The plaintiffs presented one claim for relief, alleging infringement of the ’846 Patent.

In the prayer for relief, the plaintiffs requested a judgement that Syngenta has infringed at least one claim of the ’846 Patent under at least 35 U.S.C. § 271(g), and that the claims of the ’846 Patent are valid and enforceable. The plaintiffs also requested an order enjoining Syngenta from continuing acts of infringement of the ’846 Patent and an award of damages, including reasonable royalties, with interest, costs, expenses, and disbursements.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-01280

  • Filing Date:

    09/29/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Richard G. Andrews

 

Party Details

Plaintiffs and Counter Defendants

Pioneer Hi-Bred International, Inc.

E.I. du Pont de Nemours and Company

Defendant and Counter Claimant

Syngenta Seeds, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Chad S.C. Stover

Jessica L. Roberts

Kassandra Officer

Michael J. Flibbert

Pier D. DeRoo

Rachael Dippold

Defendant and Counter Claimant Attorneys

Rudolf E. Hutz

James T. Hultquist

Robert R. Riddle

 

Court Documents

#19

(#19) SCHEDULING ORDER: This case will be referred to a magistrate judge to handle all discovery disputes. Joinder of Parties due by 4/19/2023. Amended Pleadings due by 4/19/2023. Discovery due by 8/7/2023. Dispositive Motions due by 2/29/2024. Answering Brief due 3/29/2024. Reply Brief due 4/19/2024. Joint Claim Construction Brief due by 8/2/2023. A Markman Hearing is set for 8/31/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 8/16/2024, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 8/26/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 11/23/2022. (nms) (Entered: 11/23/2022)

18 #1

Letter to Judge Andrews enclosing proposed Scheduling Order

18 #18

Main Document

#17

(#17) Letter to the Honorable Richard G. Andrews, from Chad S.C. Stover, regarding dial in number for Rule 16(b) teleconference. (Stover, Chad) Modified on 11/10/2022 (nms). (Entered: 11/10/2022)

#16

(#16) Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 11/28/2022, at 10:00 AM (see Order for further details). Signed by Judge Richard G. Andrews on 11/10/2022. (nms) (Main Document 16 replaced on 11/14/2022) (nms). (Entered: 11/10/2022)

8 #4

Certification by Counsel to be Admitted Pro Hac Vice (Jessica L. Roberts)

8 #3

Certification by Counsel to be Admitted Pro Hac Vice (Kassandra M. Officer)

8 #2

Certification by Counsel to be Admitted Pro Hac Vice (Pier D. DeRoo)

#7

(#7) SUMMONS Returned Executed by Pioneer Hi-Bred International, Inc., E.I. du Pont de Nemours and Company.Syngenta Seeds, LLC served on 9/30/2022, answer due 10/21/2022. (Stover, Chad) (Entered: 10/04/2022)

#6

(#6) Summons Issued as to Syngenta Seeds, LLC on 9/29/2022. (lam) (Entered: 09/30/2022)

#5

(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Corteva, Inc. for E.I. du Pont de Nemours and Company filed by E.I. du Pont de Nemours and Company. (lam) (Entered: 09/30/2022)

#4

(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent E. I. du Pont de Nemours and Company, and Corteva, Inc. for Pioneer Hi-Bred International Inc. filed by Pioneer Hi-Bred International Inc.. (lam) (Entered: 09/30/2022)

#3

(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,859,846. (lam) (Entered: 09/30/2022)

#2

(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lam) (Entered: 09/30/2022)

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

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Docket Entries

  • 11/23/2022

  • Docket(#20) ORAL ORDER: The Rule 16(b) Conference scheduled for 11/28/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 11/23/2022. (nms) (Entered: 11/23/2022)

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  • 11/23/2022
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  • Docket(#19) SCHEDULING ORDER: This case will be referred to a magistrate judge to handle all discovery disputes. Joinder of Parties due by 4/19/2023. Amended Pleadings due by 4/19/2023. Discovery due by 8/7/2023. Dispositive Motions due by 2/29/2024. Answering Brief due 3/29/2024. Reply Brief due 4/19/2024. Joint Claim Construction Brief due by 8/2/2023. A Markman Hearing is set for 8/31/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 8/16/2024, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 8/26/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 11/23/2022. (nms) (Entered: 11/23/2022)

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  • 11/22/2022
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  • Docket(#18) PROPOSED Scheduling Order, by E.I. du Pont de Nemours and Company, Pioneer Hi-Bred International, Inc.. (Attachments: #1 Letter)(Stover, Chad) Modified on 11/23/2022 (nms). (Entered: 11/22/2022)

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  • 11/14/2022
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  • DocketCORRECTING ENTRY: The pdf for D.I. #16 has been replaced with a corrected version. The caption on the order has been amended. The NEF for the filing was regenerated. (nms) (Entered: 11/14/2022)

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  • 11/10/2022
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  • Docket(#17) Letter to the Honorable Richard G. Andrews, from Chad S.C. Stover, regarding dial in number for Rule 16(b) teleconference. (Stover, Chad) Modified on 11/10/2022 (nms). (Entered: 11/10/2022)

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  • 11/10/2022
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  • Docket(#16) Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 11/28/2022, at 10:00 AM (see Order for further details). Signed by Judge Richard G. Andrews on 11/10/2022. (nms) (Main Document 16 replaced on 11/14/2022) (nms). (Entered: 11/10/2022)

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  • 11/09/2022
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  • Docket(#15) ANSWER to #1 Complaint, with Jury Demand and COUNTERCLAIMS against All Plaintiffs, by Syngenta Seeds, LLC.(Hutz, Rudolf) Modified on 11/9/2022 (nms). (Entered: 11/09/2022)

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  • 11/01/2022

  • DocketPro Hac Vice Attorney James T. Hultquist for Syngenta Seeds, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 11/01/2022)

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  • 10/18/2022

  • DocketPro Hac Vice Attorney Robert R. Riddle for Syngenta Seeds, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 10/18/2022)

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  • 10/11/2022
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  • DocketSO ORDERED, re #9 STIPULATION to Extend Time (*Reset Answer Deadlines: Syngenta Seeds, LLC answer due 11/11/2022). Signed by Judge Richard G. Andrews on 10/11/2022. (nms) (Entered: 10/11/2022)

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  • 10/05/2022
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  • DocketSO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Michael J. Flibbert, Pier D. DeRoo, Kassandra M. Officer, Jessica J. Roberts and Rachael P. Dippold, filed by Pioneer Hi-Bred International, Inc., E.I. du Pont de Nemours and Company. Signed by Judge Richard G. Andrews on 10/5/2022. (nms) (Entered: 10/05/2022)

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  • 10/05/2022
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  • Docket(#8) MOTION for Pro Hac Vice Appearance of Attorney Michael J. Flibbert, Pier D. DeRoo, Kassandra M. Officer, Jessica J. Roberts and Rachael P. Dippold - filed by E.I. du Pont de Nemours and Company, Pioneer Hi-Bred International, Inc.. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice (Michael J. Flibbert), #2 Certification by Counsel to be Admitted Pro Hac Vice (Pier D. DeRoo), #3 Certification by Counsel to be Admitted Pro Hac Vice (Kassandra M. Officer), #4 Certification by Counsel to be Admitted Pro Hac Vice (Jessica L. Roberts), #5 Certification by Counsel to be Admitted Pro Hac Vice (Rachael P. Dippold))(Stover, Chad) (Entered: 10/05/2022)

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  • 10/05/2022

  • DocketCase Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 10/05/2022)

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  • 10/04/2022
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  • Docket(#7) SUMMONS Returned Executed by Pioneer Hi-Bred International, Inc., E.I. du Pont de Nemours and Company.Syngenta Seeds, LLC served on 9/30/2022, answer due 10/21/2022. (Stover, Chad) (Entered: 10/04/2022)

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  • 09/29/2022
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  • Docket(#6) Summons Issued as to Syngenta Seeds, LLC on 9/29/2022. (lam) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Corteva, Inc. for E.I. du Pont de Nemours and Company filed by E.I. du Pont de Nemours and Company. (lam) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent E. I. du Pont de Nemours and Company, and Corteva, Inc. for Pioneer Hi-Bred International Inc. filed by Pioneer Hi-Bred International Inc.. (lam) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,859,846. (lam) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lam) (Entered: 09/30/2022)

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  • 09/29/2022
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  • Docket(#1) COMPLAINT For Patent Infringement with Jury Demand against Syngenta Seeds, LLC ( Filing fee $ 402, receipt number ADEDC-3971040.) - filed by Pioneer Hi-Bred International, Inc., E.I. du Pont de Nemours and Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(lam) (Entered: 09/30/2022)

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