The Justice Department filed a statement of interest in the litigation between Corteva Agriscience and Inari Agriculture, arguing that the public must be able to access patented biological material to preserve innovation and competition in the seed sector. DOJ statement filed frames the dispute as one that could affect how courts balance patent protections against disclosure that fuels follow-on research and market entry. The department's filing asks the court to consider the public benefits of disclosure when assessing infringement claims.
Corteva has accused Inari of infringing its seed patents, alleging the rival used a third-party agent to obtain protected Corteva seeds, exported them outside the United States, made slight genetic changes to biotech traits and then sought U.S. patents on the modified traits. Inari denies those allegations and both companies recently filed motions for summary judgment, putting the legal issues before the judge without a full trial.
The case is before a federal court in Delaware. Delaware federal court will consider whether certain activities that essentially “read” patented material can be treated as infringement when the patent system itself requires disclosure of biological deposits. The DOJ filing stresses that the law’s disclosure requirements serve public and competitive purposes, not just the rights of patent holders.
DOJ and company arguments
In its statement of interest the DOJ said it "reaffirms the importance of the public’s ability to access and read patented biological material, which promotes follow-on innovation and competition in the seeds industry." The filing quotes the view that courts should avoid construing infringement to cover conduct that is a means of accessing material the patent system obliges applicants to make public.
The department also addressed the procedural issue of biological deposits, referencing Corteva’s position that it deposited material with the American Type Culture Collection (ATCC) "for the purpose of protecting Corteva’s patent rights." DOJ acknowledged that deposits can protect an applicant’s entitlement to IP protection but said applicants cannot claim insulation from competition without adequate disclosure to the market.
Implications for industry
The DOJ’s emphasis on access and the market benefits of disclosure could influence how courts treat cases where defendants are accused of exporting, characterizing or slightly altering patented seeds as part of efforts to identify or "read" biological traits. Both companies have moved for summary judgment and the litigation remains pending in federal court in Delaware.
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