Corteva Seed-Tech Case Draws DOJ Caution on Broad Patent Rights

Corteva Inc. shouldn’t be allowed to treat Inari Agriculture Inc.'s use of deposited seed samples to understand the scope of Corteva’s patents as infringement in their seed-technology dispute, the US Justice Department told a federal judge.

Patent owners that rely on biological deposits to secure patent protection can’t then use infringement law to block access that’s limited to “reading” the patented invention, according to the US statement of interest filed Monday in the US District Court for the District of Delaware.

The DOJ’s Antitrust Division said the dispute arises from a highly concentrated corn and soybean seed market, where dominant ...