WASHINGTON, Oct 4 (Reuters) - A U.S. appeals court on Thursday upheld findings that Syngenta AG SYNN.VX did not infringe Monsanto Co MON.N patents on genetic changes that make corn tolerant of the herbicide glyphosate.
The U.S. Court of Appeals for the Federal Circuit affirmed a ruling last year by the U.S. District Court in Delaware that two of the Monsanto patents were not infringed and claims on a third patent were invalid.
Monsanto had accused Syngenta of using seed sold by Monsanto licensees to create seeds that could thrive even if the herbicide is used to kill weeds in the same field.
Syngenta had bought the Garst Seed Co and Golden Harvest Seeds Inc, both of which were licensed to sell the resistant corn seed to farmers. The lower court said Syngenta lawfully obtained the seeds.
“Upon obtaining the seeds, Syngenta also acquired the right to further produce GA21 progenies containing the glyphosate resistance trait,” the appeals court said in its 16-page ruling. (Reporting by Diane Bartz, editing by Tim Dobbyn)