Claims for Patent: 8,575,434

Summary for Patent: 8,575,434

Title:	Maize event DP-004114-3 and methods for detection thereof
Abstract:	The invention provides DNA compositions that relate to transgenic insect resistant maize plants. Also provided are assays for detecting the presence of the maize DP-004114-3 event based on the DNA sequence of the recombinant construct inserted into the maize genome and the DNA sequences flanking the insertion site. Kits and conditions useful in conducting the assays are provided.
Inventor(s):	Diehn; Scott (West Des Moines, IA), Lu; Albert L. (Newark, DE), Nowatzki; Timothy M. (Granger, IA), Nubel; Douglas S. (Clive, IA), Pascual; M. Alejandra (Granger, IA), Register, III; James C. (Ames, IA), Scelonge; Christopher J. (Ankeny, IA), Young; Joshua K. (Johnston, IA), Zhong; Cathy Xiaoyan (Wilmington, DE), Crowgey; Erin L. (Newark, DE)
Assignee:	Pioneer Hi Bred International Inc (Johnston, IA) E I du Pont de Nemours and Company (Wilmington, DE)
Application Number:	12/970,052
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,575,434
Patent Claims:	1. A DNA construct comprising: a first, second, third and fourth expression cassette, wherein said first expression cassette in operable linkage comprises: (a) a maize ubiquitin promoter; (b) a 5' untranslated exon of a maize ubiquitin gene; (c) a maize ubiquitin first intron; (d) a Cry1F encoding DNA molecule; and (e) a poly(A) addition signal from ORF 25 terminator; said second expression cassette in operable linkage comprises: (1) a maize ubiquitin promoter; (2) a 5' untranslated exon of a maize ubiquitin gene; (3) a maize ubiquitin first intron; (4) a Cry34Ab1 encoding DNA molecule; and (5) a PinII transcriptional terminator; said third expression cassette in operable linkage comprises; (i) a wheat peroxidase promoter; (ii) a Cry35Ab1 encoding DNA molecule; and (iii) a PinII transcriptional terminator; and said fourth expression cassette in operable linkage comprises; (a) a CaMV 35S promoter; (b) a pat encoding DNA molecule; and (c) a 3' transcriptional terminator from CaMV 35S; wherein the four cassettes are flanked by SEQ ID NO: 27 at the 5' end and SEQ ID NO: 28 at the 3' end. 2. A plant comprising the DNA construct of claim 1. 3. A plant of claim 2, wherein said plant is a corn plant. 4. A plant comprising the sequence set forth in SEQ ID NO: 6. 5. A corn plant comprising the genotype of the corn event DP-004114-3 deposited with American Type Culture Collection (ATCC) under Accession No. PTA-11506, wherein said genotype comprises the DNA construct of claim 1. 6. A corn plant comprising the genotype of the corn event DP-004114-3, wherein a representative sample of seed of said corn event has been deposited with American Type Culture Collection (ATCC) with Accession No. PTA-11506. 7. A plant parts of the plant comprising the corn event of claim 6. 8. A seed comprising corn event DP-004114-3, wherein said seed comprises the DNA construct of claim 1, wherein a representative sample of corn event DP-004114-3 seed has been deposited with American Type Culture Collection (ATCC) with Accession No. PTA-11506. 9. A corn plant, or part thereof, grown from the seed of claim 8. 10. A transgenic seed produced from the corn plant of claim 9, wherein the seed comprises corn event DP-004114-3. 11. A transgenic corn plant, or part thereof, grown from the seed of claim 10. 12. An isolated nucleic acid molecule comprising a nucleotide sequence selected from the group consisting of SEQ ID NO: 6; SEQ ID NO: 27; SEQ ID NO: 28, and full length complements thereof. 13. An amplicon comprising the nucleic acid sequence selected from the group consisting of SEQ ID NO: 27, SEQ ID NO: 28 and full length complements thereof. 14. A biological sample derived from corn event DP-004114-3 plant, tissue, or seed, wherein said sample comprises a nucleotide sequence selected from the group consisting of SEQ ID NO: 27 and SEQ ID NO: 28, or the complement thereof, wherein said nucleotide sequence is detectable in said sample using a nucleic acid amplification or nucleic acid hybridization method, wherein a representative sample of said corn event DP-004114-3 seed has been deposited with American Type Culture Collection (ATCC) with Accession No. PTA-11506. 15. The biological sample of claim 14, wherein said biological sample comprise plant, tissue, or seed of transgenic corn event DP-004114-3. 16. The biological sample of claim 15, wherein said biological sample is a DNA sample extracted from the transgenic corn plant event DP-004114-3, and wherein said DNA sample comprises one or more of the nucleotide sequences selected from the group consisting of SEQ ID NO: 27, SEQ ID NO: 28, and the complement thereof. 17. The biological sample of claim 16, wherein said biological sample is selected from the group consisting of corn flour, corn meal, and cereals manufactured in whole or in part to contain corn by-products. 18. An extract derived from corn event DP-004114-3 plant, tissue, or seed and comprising a nucleotide sequence selected from the group consisting of SEQ ID NO: 27 and SEQ ID NO: 28 or the complement thereof, wherein a representative sample of said corn event DP-004114-3 seed has been deposited with American Type Culture Collection (ATCC) with Accession No. PTA-11506. 19. The extract of claim 18, wherein said nucleotide sequence is detectable in said extract using a nucleic acid amplification or nucleic acid hybridization method. 20. The extract of claim 19, further comprising a composition selected from the group consisting of corn flour, corn meal, corn syrup, corn oil, corn starch, and cereals manufactured in whole or in part to contain corn by-products, wherein said composition comprises a detectable amount of said nucleotide sequence. 21. A method of producing hybrid corn seeds comprising: (a) planting seeds of a first inbred corn line comprising the DNA construct of claim 1 and seeds of a second inbred line having a genotype different from the first inbred corn line; (b) cultivating corn plants resulting from said planting until time of flowering; (c) emasculating said flowers of plants of one of the corn inbred lines; (d) sexually crossing the two different inbred lines with each other; and (e) harvesting the hybrid seed produced thereby. 22. The method according to claim 21, wherein the plants of the first inbred corn line are the female parents. 23. The method according to claim 21, wherein the plants of first inbred corn line are the male parents. 24. A method for producing a corn plant resistant to lepidopteran pests comprising: (a) sexually crossing a first parent corn plant with a second parent corn plant, wherein said first or second parent corn plant comprises event DP-004114-3 DNA, deposited under Accession No. PTA-11506 with American Type Culture Collection (ATCC), thereby producing a plurality of first generation progeny plants; (b) selecting a first generation progeny plant that is resistant to lepidopteran insect infestation; (c) selfing the first generation progeny plant, thereby producing a plurality of second generation progeny plants; and (d) selecting from the second generation progeny plants, a plant that is resistant to lepidopteran pests; wherein the second generation progeny plants comprise the DNA construct according to claim 1. 25. The method of claim 21 further comprising backcrossing the second generation progeny plant of step (d) that comprises corn event DP-004114-3 DNA, deposited under Accession No. PTA-11506 with American Type Culture Collection (ATCC), to the parent plant that lacks the corn event DP-004114-3 DNA, thereby producing a backcross progeny plant that is resistant to at least western corn rootworm. 26. A method for producing a corn plant resistant to at least corn rootworm, said method comprising: (a) sexually crossing a first parent corn plant with a second parent corn plant, wherein said first or second parent corn plant is a corn event DP-004114-3, deposited under Accession No. PTA-11506 with American Type Culture Collection (ATCC), plant, thereby producing a plurality of first generation progeny plants; (b) selecting a first generation progeny plant that is resistant to at least corn rootworm infestation; (c) backcrossing the first generation progeny plant of step (b) with the parent plant that lacks corn event DP-004114-3 DNA, thereby producing a plurality of backcross progeny plants; and (d) selecting from the backcross progeny plants, a plant that is resistant to at least corn rootworm infestation; wherein the selected backcross progeny plant of step (d) comprises SEQ ID NO: 6. 27. The method according to claim 21, wherein the plants of the first inbred corn line are the female parents or male parents. 28. Hybrid seed produced by the method of claim 21.

Details for Patent 8,575,434

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	For Injection	103132	06/04/1986		2029-12-17
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	For Injection	103132			2029-12-17
Merck Sharp & Dohme Corp.	INTRON A	interferon alfa-2b	Injection	103132			2029-12-17