Syngenta Seeds, Inc. v. Bunge North America, Inc.
Citation | 820 F.Supp.2d 953 |
Decision Date | 26 September 2011 |
Docket Number | No. C 11–4074–MWB.,C 11–4074–MWB. |
Parties | SYNGENTA SEEDS, INC., a Delaware corporation, Plaintiff, v. BUNGE NORTH AMERICA, INC., a New York corporation, Defendant. |
Court | U.S. District Court — Northern District of Iowa |
OPINION TEXT STARTS HERE
David A. Tank, Megan Flynn, Dorsey & Whitney, LLP, Des Moines, IA, for Plaintiff.
John C. Gray, Heidman Redmond Fredregill Patterson Plaza Dykstra & Prahl, Sioux City, IA, for Defendant.
Can a grain elevator company refuse to accept certain corn at its facilities, on the ground that the corn has not received approval from “major” export destinations, and post signs stating this, when the seed producer has received clearances from the United States and several foreign countries, but not from China or the European Union? The seed producer argues that the grain elevator company cannot do so, at least not without violating the United States Warehouse Act (USWA), 7 U.S.C. § 241 et seq., comparable provisions of state statutory and common law, and the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), and causing irreparable injury to the seed producer's business and reputation. Thus, the seed producer seeks a preliminary injunction against the grain elevator company enjoining the grain elevator company's refusal to accept the transgenic corn, while the seed producer litigates its USWA, Lanham Act, and state common-law and statutory claims. The grain elevator company counters that the seed producer has no likelihood of success on its claims, because there is no private right of action under the USWA; the seed producer has no standing to assert such a claim if a private right of action does exist; all of the grain elevator company's elevators are licensed pursuant to the USWA, which preempts state statutes and common law; and the grain elevator company is not a competitor of the seed producer, which defeats the seed producer's Lanham Act claim. Moreover, the grain elevator company argues that it will be disproportionately harmed, if the court grants the preliminary injunctive relief requested.
I am mindful of the general rule that “the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits.” University of Texas v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981); accord United States Sec. and Exchange Comm'n v. Zahareas, 272 F.3d 1102, 1105 (8th Cir.2001) () (quoting Patterson v. Masem, 774 F.2d 251, 254 (8th Cir.1985)); National Credit Union Admin. Bd. v. Johnson, 133 F.3d 1097, 1103 n. 5 (8th Cir.1998) ( ); Henderson v. Bodine Aluminum, Inc., 70 F.3d 958, 962 (8th Cir.1995) ( ). Thus, all findings of fact and conclusions of law in this ruling are provisional.
Plaintiff Syngenta is a major agribusiness company, incorporated in Delaware, with its principal place of business in Minnetonka, Minnesota. Among other things, Syngenta is involved in the commercial seed business, developing, producing, and selling, through dealers and distributors or directly to growers, a wide range of agricultural products, including corn and soybean seed with useful traits developed with modern biotechnology. Syngenta brands include Garst, Golden Harvest, and Northrup King; some of its seed is also labeled under the names of other smaller seed companies; and some of its seed or seed traits are also licensed to other seed companies, even competitors, such as Pioneer.
Defendant Bunge North America is a New York corporation with its principal place of business in St. Louis, Missouri. Bunge operates approximately 71 grain and milling facilities and at least 66 grain warehouses (or elevators) in the central United States, including two facilities in Iowa. Most of Bunge's facilities, like the two in Iowa, are located along the Mississippi River or its tributaries to facilitate barging of grain to Bunge's export facility near New Orleans, Louisiana. Syngenta asserted that most of Bunge's warehouses or elevators are licensed under the USWA, including Bunge's elevators and receiving stations in Meekers Landing and McGregor, Iowa, but Bunge asserts that all of its warehouses are licensed under the USWA.1
After the investment of as much as twenty years of product research and development and hundreds of millions of dollars (not including advertising costs), Syngenta has developed a genetic trait called MIR162 (or VIP 3A), sold under the Agrisure Viptera? trademark. The superior characteristic of Viptera corn is that it controls insects, such as the “multi-pest complex,” which Syngenta's evidence showed causes American corn growers more than $1.1 billion annually in lost yield and grain quality. The reduction in insect damage to corn as a result of the Viptera genetic trait also reduces the development of fungus and mycotoxins in stored corn. Bunge agrees that Viptera has insecticidal properties and, indeed, points out that Viptera corn is considered a federally-registered pesticide that is licensed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which Syngenta does not dispute.
Prior to the 2011–2012 crop year, Viptera corn was only grown in test plots and seed fields. However, Syngenta commercially launched Viptera corn seed in the United States for the 2011–2012 growing season when it opened its sales for the 2011 planting season in August of 2010. As part of its commercial launch of Viptera corn, Syngenta has offered farmers a “side-by-side program,” which encourages farmers to plant Viptera corn seed side-by-side with other seed in order to see how the Viptera trait's protection affects yields. Syngenta asserts that it has received excellent feedback from growers and resellers, to the effect that Viptera outperforms other corn on a variety of important measures. For the 2010–2011 crop year, Syngenta delivered Viptera products to approximately 12,000 growers and projected a yield of 250 million bushels of Viptera corn. Prior to the...
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Syngenta Seeds, Inc. v. Bunge N. Am., Inc.
...Opinion And Order Regarding Plaintiff's Motion For Preliminary Injunction (docket no. 42), published at Syngenta Seeds, Inc. v. Bunge North Am., Inc., 820 F.Supp.2d 953 (N.D.Iowa 2011). This case is before me on three motions. The first is Bunge's October 14, 2011, Motion For Judgment On Th......
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...injunction. Sak v. City of Aurelia, Iowa, 832 F.Supp.2d 1026, 1036–48 (N.D.Iowa 2011); Syngenta Seeds, Inc. v. Bunge N. Am., Inc., 820 F.Supp.2d 953, 967– 92, 2011 WL 4478510, at *11–36 (N.D.Iowa 2011). “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter ......
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Syngenta Seeds, Inc. v. Bunge N. Am., Inc.
...And Order Regarding Plaintiff's Motion For Preliminary Injunction (docket no. 42), published at Syngenta Seeds, Inc. v. Bunge North Am., Inc., 820 F. Supp. 2d 953 (N.D. Iowa 2011). This case is before me on three motions. The first is Bunge's October 14, 2011, Motion For Judgment On The Ple......
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