Genetic Patents Catch-22: Can Challenging a Patent Require Risking Infringement?

Inari Agriculture filed mandamus petition asking Federal Circuit to overturn PTAB's denial of PGR challenging Pioneer Hi-Bred's inbred corn patent 11,659,803. PTAB denied Inari's obviousness challenge because Inari failed to sequence deposited seed genome defining claimed plant variety. Inari argues this creates unconstitutional "Catch-22" requiring challengers to risk infringement liability to file adequate PGR petitions, violating due process. Patent claims seed/plant of inbred maize variety described only through phenotypic characteristics without genetic sequence data.