Cargill Incorporated v Dow AgroSciences LLC

Cargill Incorporated filed an opposition against Dow AgroSciences LLC regarding a patent application related to oil and seeds with reduced saturated levels of fatty acids. The dispute focused on the manner of manufacture, novelty, inventive step, utility, and section 40 issues of the patent. The court was tasked with determining the validity of specific claims in the patent, particularly those related to a polynucleotide sequence and the inventive step of the claims.

In its reasoning, the court examined the nature of the invention as defined by the claims and the substance of the genetic information embodied in the nucleic acid sequence. The court found that the substance of claim 31, which defines a polynucleotide sequence, was made by human action through codon-optimisation for efficient expression in plants. This distinction from the situation in Myriad Genetics Inc v CSL Limited, where the court held that the genetic information was naturally-occurring, allowed the court to conclude that claim 31 did define a manner of manufacture. However, the court also found that several claims lacked clarity and inventive step, leading to the overall success of the opposition.

The court concluded that claims 27-29, 31, and 39-40 lacked an inventive step, and claims 1-8 lacked clarity. As a result, the opposition was successful, and costs were awarded to Cargill according to Schedule 8 against Dow AgroSciences LLC.