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HERE IS THE LATEST IN THE LATHAM SEED VS BAYER LAWSUIT
Aug. 3, 2026
Source: Independent Professional Seed Association reports:
Bayer's CropScience unit has asked an Eastern District of Missouri judge to dismiss a proposed antitrust class action brought by independent seed company Latham Quality, which accuses Bayer of using restrictive licensing to shield its Roundup-tolerant NK603 corn trait from generic competition, including a deal with rival Corteva to delay generic entry and contract terms barring independents from breeding competing corn even after the last NK603 patent expired in 2022.
Latham says the scheme let Bayer keep collecting NK603 fees long after its patents lapsed, saddling independent seed companies with hundreds of millions, if not billions, of dollars in inflated costs.
Bayer counters that charging high prices and post-expiration royalties are not antitrust violations, that Latham engaged in impermissible "group pleading" by lumping its corporate branches together, and that Latham never adequately defined the relevant market, even while conceding that Bayer and Corteva together sell more than 70% of U.S. corn seed.
Bayer answered Latham's price discrimination claim by arguing the Robinson-Patman Act reaches only commodities, not "intangibles, such as technology licenses." If courts accept that carve-out, dominant IP holders could freely charge independents more than their own captive sales arms.
The case is Latham Quality Inc. v. Bayer AG et al. in the U.S. District Court for the Eastern District of Missouri.
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