Monsanto Technology LLC v. Cefetra BV

Case C-428/08 (2010)

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Monsanto Technology LLC v. Cefetra BV

European Union Court of Justice
Case C-428/08 (2010)

Facts

Monsanto Technology LLC (Monsanto) (plaintiff) held the European patent on a class of enzymes that were resistant to a certain pesticide, which was also patented by Monsanto. The enzymes’ DNA was inserted into soy plants. Several European companies—Cefetra BV, Cefetra Feed Service BV, Cefetra Futures BV, Vopak Agencies Rotterdam BV, and Alfred C. Toepfer International GmbH (collectively, the companies) (defendants)—imported soy meal from Argentina. Monsanto determined that the imported soy meal was made from soy plants that had the patented enzyme in their DNA. Monsanto sought an injunction against the companies in the Dutch court system. The companies argued that, although the DNA from the enzymes was still present in the soy meal, it was no longer performing the function for which it was patented and therefore was no longer subject to the protection of the patent. The matter was referred to the European Union Court of Justice for a preliminary ruling.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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