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ARTICLE · 31 JULY 2013

Legally Binding Public Statements May Eliminate Standing For DJ

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In a recent case, the Federal Circuit held that statements from Monsanto Co. and Monsanto Technology, LLC indicating the company would not sue farmers for inadvertent trace usage of its products eliminated the plaintiffs' standing for DJ.

United StatesLitigation, Mediation & Arbitration
Esther Lim
Esther Lim
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In Organic Seed Growers & Trade Ass'n v. Monsanto Co., No. 12-1298 (Fed. Cir. June 10, 2013), the Federal Circuit held that statements from Monsanto Co. and Monsanto Technology, LLC (collectively "Monsanto") indicating the company would not sue farmers for inadvertent trace usage of its products eliminated the plaintiffs' standing for DJ.  Determining there was no remaining case or controversy beyond the scope of Monsanto's assurances, the Court affirmed the district court's dismissal for lack of subject matter jurisdiction.  

The Organic Seed Growers and Trade Association, joined by a coalition of farmers, seed sellers, and agricultural organizations (collectively "Plaintiffs"), sued Monsanto, seeking DJ of noninfringement, unenforceability, and invalidity with respect to twenty-three of Monsanto's patents ("the patents-in-suit").  The patents-in-suit relate to technologies for genetically modifying seeds.  The patents-in-suit include methods of incorporating

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