8 NEW SQUARE

020 7405 4321

Monsanto Technology LLC v Cargill International SA [2007] EWHC 2257 (Pat)

Case Summary  |  Judgment  |  10 October 2007

 

A patent action in which Monsanto claimed infringement of a patent covering DNA sequences related to its RoundUp Ready® technology, which involves the genetic modification of a plant to express an enzyme that confers resistance to the herbicide glyphosate (RoundUp®). Cargill imported soymeal from Argentina made from RoundUp Ready soy beans. It raised defences of non-infringement and acquiescence, and counterclaimed for revocation of the patent on grounds of anticipation, obviousness and insufficiency. Michael Tappin and James Whyte acted for Monsanto. This trial was heard in June 2007 with judgment handed down in October 2007.