Monsanto Technology LLC v Cargill International SA

Lawyers Simon Cohen

Taylor Wessing represented Cargill in this action.  This is one of the first GM crop related patent disputes in Europe and is one of only a few cases where the validity and infringement of biotechnology patents are considered by the UK courts.

The dispute concerned Cargill's importation into the UK of processed Soya meal from Argentina, which was made from GM Soya beans derived from Monsanto's Round Up Ready  (glyphosate resistant) product.  Monsanto alleged that the imported processed Soya meal product infringed their patent rights.  The UK court dismissed Monsanto's infringement claim.  The case raises important issues for companies that use products containing materials obtained from genetically modified crops.  It also highlights the difficulties for patentees in proving infringement of patents claiming methods of genetic modification and the genes themselves.  These companies will need to reassess how to police importation and sale of derivative products.

Partner Gareth Morgan acted for Cargill in this case.  His commentary on the case was published in BSLR 9(4) p164. For full details of BSLR please click here

Partner Simon Cohen also acted for Cargill in this case. Here he speaks to MIP about the case.  

If you would like to find out more about this case please email Simon Cohen Richard Price or Gareth Morgan    

For the full text of the decision please click here