DNA Sequence Patents and that JIPLP article: the sequel

Early this month, this weblog announced the publication in JIPLP of a major article by Michael Kock, "Purpose-bound protection for DNA sequences: in through the back door?" This article was a lengthy critique of the Opinion of Advocate General Mengozzi in Case C-428/08 Monsanto Technology LLC v Cefetra BV and others, in which the Court of Justice of the European Union was expected to deliver its ruling later this year in an important dispute arising from the importation into the European Union of soya meal derived from Monsanto's Roundup Ready patented soybeans.

The EPLaw Patent Blog has reported that Monsanto now has withdrawn its actions in the underlying litigation which led to the reference to Europe's top court and that the reference proceedings are now terminated. Argentina is reported to have objected since it wished to continue the proceedings but. according to the court, this is not possible since Argentina was not actually party to the proceedings.