(Jan. 24) The U.S. Supreme Court on Jan. 13 denied the appeal of a coalition of farmers, seed sellers and advocacy groups, which had filed suit seeking protection from future claims by Monsanto Co. for patent infringement. 

The plaintiffs in the lawsuit neither sold nor used transgenic seed that incorporated Monsanto's technologies, such as the widely distributed Roundup Ready® seed varieties.  They argued, however, that they could be subject to claims by the company for patent infringement if trace amounts of Monsanto's patented genes were detected in their crops.  The plaintiffs in the coalition sought a declaratory judgment of "non-infringement and invalidity" with respect to Monsanto's patents.  

The lawsuit was first dismissed by a federal district court in New York.  In June 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's ruling.  The court of appeals referred in its decision to Monsanto's declared policy: 

"It has never been, nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seeds or traits are present in farmer's fields as a result of inadvertent means."

Based upon these "binding assurances" that Monsanto will not take legal action against growers whose crops might inadvertently contain trace amounts (less than one percent) of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the grower's land), the court of appeals agreed with the trial court's decision that "these circumstances do not amount to a substantial controversy" and "there has been no injury traceable to defendants."

The effect of the Supreme Court's denial of the petition for writ of certiorari is that the decision of the court of appeals stands as the final ruling on the case.   

[Organic Seed Growers and Trade Association, et al. v. Monsanto Co., et al. (Case No. 13-303)].

By Charlie Delacruz, Vice President and General Counsel

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