DOJ files statement in Corteva v. Inari case 

The Justice Department on Monday filed a highly technical statement of interest in the case of Corteva Agriscience LLC, et al. v. Inari Agriculture Inc. et al. in the U.S. District Court for the District of Delaware, a case in which Corteva accuses Inari of unlawfully copying its patented seeds.

“The statement of interest 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,” DOJ said in a news release.

“Intellectual property and antitrust laws are aligned in their goal of promoting dynamic competition through innovation. While taking no position on the ultimate disposition of the case, the statement of interest explains that the Patent Act represents a balance of incentives: inventors gain the benefit of exclusivity over the life of the patent but, in exchange, they must publicly disclose their invention to promote the state of the art and enable follow-on innovation. The public’s ability to understand a claimed invention is thus critical.”

DOJ added, “The U.S. seed industry is highly concentrated and characterized by high barriers to entry. The statement of interest explains that, for entry by new competitors to be possible, it is especially important that intellectual property protections are interpreted in a way that strikes the right balance between rewarding innovators and allowing follow-on innovation. In the seeds industry, reasonable access to patented seeds is crucial to enabling follow-on innovation which, in turn, paves the way for small businesses and new entrants to enter and compete in the market.”