On March 28, 2012, plaintiffs in the OSGATA et al. v. Monsanto case, filed a notice of appeal with the United States Court of Appeal for the Federal Circuit, which has nationwide jurisdiction to hear patent appeals. In what many see as David vs. Goliath case, organic and conventional farmers, small and family-owned seed companies committed to using non-GMO seeds and agricultural trade groups, seek legal protection against accusations by Monsanto of patent infringement should the farmers’ fields become contaminated with genetically engineered seeds.
The case was originally filed on March 29, 2011 and was dismissed on February 24, 2012 by the District Court in New York. The District Court ruled that it lacked subject matter jurisdiction over the matter, meaning that, among other things, plaintiffs have not demonstrated actual or imminent injury that was “traceable” to the defendant to continue with their case.
