Novartis Seeds, Inc. v. Monsanto Company

RICHARD S. ARNOLD, Circuit Judge.

This lawsuit began in 1997 when Novartis Seeds, Inc., sued Monsanto Company in a Minnesota state court. The plaintiff alleged that Monsanto broke development and license agreements involving genetically engineered, insect-resistant seed corn. After removing the case to the District Court, Monsanto filed a motion to dismiss for want of jurisdiction over the subject matter (a Rule 12(b)(1) motion), claiming that Novartis Seeds lacked “standing” because assignment and transfer restrictions in the 1995 License Agreement were violated when the plaintiffs parent…