Seed Companies Did Not Infringe Monsanto’s Patent

- by Roger McEowen

The U.S. Court of Appeals for the Federal Circuit has upheld a trial court’s determination that numerous seed companies did not infringe certain Monsanto’s patents involving transgenic corn, and that some of Monsanto’s patent claims were invalid for lack of enablement.  Monsanto’s patents involve technology used to make corn resistant to glyphosate.  The trial court granted summary judgment for the defendant seed companies – there was no genuine issue of any material fact that existed.  The appellate court agreed.  Monsanto Co. v. Syngenta Seeds, Inc., et al., No. 2006-1472, 2007 U.S. App. LEXIS 23255 (Fed. Cir. Oct. 4, 2007).