In a court case brought by the company against competitor Dow AgroSciences LLC, a federal judge Tuesday (20 December) ruled that Cargill failed to disclose material information to the US Patent and Trademark Office when filing for patents on new, more stable, canola oils.
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In the lawsuit, Cargill alleged that Dow was infringing upon four of Cargill’s patents by producing and marketing Natreon canola oil. Before the trail even began, the court dismissed two of the four patents as invalid. In June a jury trial found that the remaining two patents were invalid because, the jury concluded, Cargill had withheld information from the patent office.
In the ruling, the court adopted the jury’s advisory verdict, finding that Cargill had committed “inequitable conduct” in the patent office. Consequently, Cargill’s patents are unenforceable.
“We are extremely pleased that the court has rejected Cargill’s efforts to block consumers’ access to Natreon canola oil,” stated Pete Siggelko, vice president for Plant Genetics and Biotechnology at Dow AgroSciences.
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