No Case or Controversy if Patent-Holder Promises Not to Sue

more+
less-

On June 10, 2013, the Federal Circuit issued its opinion in Organic Seed Growers & Trade Association v. Monsanto Company, No. 2012-1298. In that case, approximately 300,000 farmers who did not use genetically engineered crops sued Monsanto, seeking a declaratory judgment that if their crops were inadvertently contaminated with the biotech firm’s patented seed (which represent up to 90% of the seeds sown for some crops) then Monsanto could not sue them for patent infringement. The farmers also sought to have all of Monsanto’s seed patents declared invalid. But because Monsanto’s policy is that it does not sue for inadvertent use of its patented seeds, the Federal Circuit held that there was no case or controversy.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×