Cargill had asked a federal court here to find that that Dow's Natreon canola cooking oil infringes on four patents secured by Cargill for its Clear Valley high oleic canola oils. The court found that Dow infringed on two of the four Cargill patents and the jury awarded Cargill $2 million in damages following its verdict that the patents were valid.
However, in a post-trial ruling this week, the judge granted Dow's motion to declare Cargill's patents unenforceable on the grounds that not all the testing data had been submitted to the U.S. Patent Office.
"The ruling is mystifying," Page said in the statement. "Cargill submitted all the relevant data to the Patent Office, derived from most highly reliable testing technology and procedures available. We had valid reasons for believing the un-submitted data