A long-running and controversial livestock genetics patent case has returned with five Australian industry groups including Meat & Livestock Australia now defending a new legal challenge in the Federal Court of Australia.
US-based company Scidera Inc has commenced court action alleging Meat & Livestock Australia Limited, Dairy Australia Limited, the Agricultural Business Research Institute (ABRI), Zoetis Australia Pty Ltd and Datagene Ltd have infringed a patent it holds.
The five bodies vehemently reject the allegations and “are actively defending the claim”, a spokesperson told Beef Central today.
The case is a continuation of a legal issue which dates back to 2016 when Australia’s patent office – IP Australia – granted US-based companies led by Branhaven LLC a patent over gene sequencing methods using single nucleotide polymorphisms (SNPs) in Australian cattle.
Meat & Livestock Australia appealed the decision claiming it would have a chilling effect on genomic research in Australia.
In ensuing court action MLA succeeded in narrowing the scope of the original Australian patent application, but failed to have the patent removed.
In an October 2020 decision the Full Court of the Federal Court of Australia allowed Branhaven LLC and SelecTraits Genomics LLC’ s Australian patent covering the use of genomic markers in the selection and breeding of cattle to stand, but in an amended form.
It was thought at the time the amendments would reduce the financial repercussions for the Australian livestock sector from what was originally feared, but it remained unclear what the long-term implications may be.
A year later Branhaven LLC sent emails to breed societies using BreedPlan around Australia alleging they were in breach of its patent.
The industry rejected the accusations and no more was heard about the case for another two years.
In that time the rights to the Branhaven LLC and SelecTraits Genomics LLC patent transferred to another US company, Scidera Inc.
The patent expired in December 2023.
However it has now emerged that Scidera Inc launched legal action against the five Australian livestock industry bodies and companies listed above in the Federal Court of Australia in November 2023, just before the patent was due to expire and while it was still in force.
It is understood Scidera Inc is alleging the five organisations breached the patent it holds while the patent was still in effect.
In response to questions about the legal action now underway in the Federal Court, ABRI managing director Hugh Nivison told Beef Central that the five industry bodies are contesting the claims in court.
“We’re actively defending the claim,” he said.
“We don’t believe we have infringed and we will wait and see how the court process plays out.”
Earlier related articles:
Federal Court hands down latest ruling on cattle genetics patent claim
Court rules on US company bid to patent Aus cattle genome
Genetic patent claim an assault on entire livestock industry: O’Sullivan
Senate inquiry to probe if livestock genetics should be patented
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