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


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.

Topics:  Genetically Engineered Seed, Licensing Rules, Monsanto, Patent Infringement, Patents

Published In: Intellectual Property Updates

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 »


Nancie G. Marzulla
Marzulla Law, LLC

I am a takings lawyer--with a practice focused on litigating takings claims in the U.S. Court of... View Profile »

Follow Marzulla Law, LLC:

Reporters on Deadline