Organic Seed Growers and Trade Association v. Monsanto, No. 2012-1298, 2013 U.S. App. LEXIS 11601(Fed. Cir. Jun. 10, 2013)

(appeal from dismissal by district court; declaratory judgment sought by organic producers, association, and seed sellers to prevent patent infringement suits by defendant for inadvertent infringement caused by contamination of conventional and organic crops with GM traits; possibility of suit for inadvertent infringement through use or sale could be infringing use under Patent Act; court dismissed suit for lack of controversy after judicial reliance on statement by Monsanto that it would not take legal action against growers whose crops might inadvertently contain trace amounts of Monsanto biotech genes; court declares 1% equals trace amount for purposes of this representation).

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