Organic Seed Growers and Trade Assoc. v. Monsanto Co., No. 11 Civ. 2163, 2012 U.S. Dist. LEXIS 25822 (S.D.N.Y. Feb. 24, 2012)

(plaintiffs, a coalition of groups that oppose transgenic seed consisting of organic and non-organic farmers, businesses, and associations, filed declaratory judgment action against Monsanto alleging 23 patents invalid and unenforceable and seeking declaration that Monsanto would have no remedy against them should contamination of their crops with biotechnology occur; no plaintiff has any claim of contamination occurring in crops grown or seeds sold; Monsanto has never enforced patent rights against any farmer for trace amounts of seed by inadvertent means; court granted motion to dismiss finding no case or controversy existed because no patent cases have been brought against plaintiffs or any similarly situated parties, Monsanto’s express statement clearly declared no intention to file suit for inadvertent exposure; and Monsanto’s failure to sign a blanket waiver of immunity for plaintiffs was irrelevant).

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