Physical Products Cannot Form Basis Of An IPR

On May 1, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) of U.S. Patent No. 11,140,841 in the case of Aardevo North America, LLC v. Agventure B.V. The patent in question, owned by Agventure, covers methods and lines for breeding diploid, fertile, self-compatible, and highly homozygous potatoes.

The '841 patent addresses a longstanding challenge in potato breeding: the development of diploid, self-compatible, and highly homozygous potato lines with robust agronomic performance. Historically, inbreeding in potatoes led to severe inbreeding depression, making it nearly impossible to produce vigorous, fertile, homozygous lines. The patent claims, among other things, potato plants that are diploid, fertile, self-compatible (conferred by the S-locus inhibitor, or Sli, gene), and at least 75% homozygous, with a minimum tuber yield of 200 grams per plant.