Federal Circuit Rules Organic Farmers Lack Standing to Challenge Monsanto Patents

The Federal Circuit Court of Appeals has affirmed a district court’s dismissal
of the declaratory judgment action brought by a number of organizations
representing the interests of organic farmers. Organic Seed Growers & Trade
Ass’n v. Monsanto Co., No. 2012-1298 (Fed. Cir., decided June 10, 2013). The
farmers sought a declaration of non-infringement and invalidity with respect
to 23 patents on various crops, including soybeans and corn. Details about
the lower court’s ruling appear in Issue 429 of this Update.

According to the Federal Circuit, “Monsanto has made binding assurances that
it will not ‘take legal action against growers whose crops might inadvertently
contain traces of Monsanto biotech genes (because, for example, some
transgenic seed or pollen blew onto the grower’s land), and [the organic
farmers] have not alleged any circumstances placing them beyond the scope
of those assurances.” The court agreed with the district court that there was
no justiciable case or controversy and thus the courts lacked jurisdiction to
consider the claims.