Monsanto Seed Case Offers New Defense To IP Challenges

Law360, New York (June 10, 2013, 8:18 PM EDT) -- By ruling Monday that a statement on Monsanto Co.'s website barred a group of farmers from filing suit to challenge the validity of Monsanto's seed patents, the Federal Circuit has created a new way for patent owners to avoid declaratory judgment suits, attorneys say.

The court concluded that because Monsanto's site states that the company has a policy of not filing patent suits when "trace amounts" of its patented seeds are found in a farmer's fields due to "inadvertent means," farmers who did not claim to...
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