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PIONEER HI-BRED ISSUES STANDBY STATEMENT ABOUT JUDGE'S PROACCESS RULING
Source: Pioneer Hi-Bred news release

On Nov 10, 2010, a federal judge in Indianapolis ruled that Pioneer Hi-Bred has breached a provision of its 1995 agreement with Mycogen Plant Sciences (now a Dow business) regarding the "look" of the packaging for seed corn containing Herculex traits.

Dow complained about the trademark, look and color scheme of seed corn bags distributed by Pioneer through its PROaccessSM business relationships.

The ruling relates only to the design of packaging and does not impact Pioneer's ability to continue its PROaccess business strategy.

Pioneer and Dow are co-developers of the Herculex family of insect resistance traits for corn.

Standby Statement

The Indianapolis court ruling focused on the seed packaging of certain corn seed products sold through Pioneer's PROaccess business unit.

Based on this ruling, Pioneer is now considering options to modify the design of certain bags for the 2011/12 season.

While Pioneer is disappointed with the ruling, PROaccess distribution companies will continue to provide growers with high-performing corn seed containing Herculex insect traits and Pioneer genetics. Products will be available as planned for 2011 planting.

Pioneer is currently considering a number of legal options to address our concerns about the ruling, including an appeal.

To meet the challenge of increasing agricultural productivity, U.S. farmers need to be able to choose among the best combinations of traits and germplasm for their fields. Pioneer's PROaccess distribution system provides more choices to farmers. It's clear through the level of market acceptance since Pioneer began the PROaccess business unit growers want choice and are pleased with product performance.


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