The question at the heart of the case was how to apply a judicially created doctrine that originated in the 19th century to 21st-century innovations like drought- and insect-resistant crops, which require hundreds millions of dollars to develop but which can be readily copied millions of times because they consist of genetic or other easily replicable material.

FORBES: Connect

For example, widespread failure in our handful of remaining major crops and animal breeds due to disease or pest outbreaks is a very real possibility: given that pest and pathogens are constantly evolving, a diverse gene pool is essential if we are to develop insect- and disease-resistant strains in the future.

FORBES: The Future of Life On Earth: Part Two Of The Discussion

One of its brands of insect-resistant corn, StarLink, was approved by the U.S. Food and Drug Administration only for use in animal feed.

FORBES: Magazine Article

Insect-resistant corn containing the BT toxin, derived from a bacterium and used in organic farming, does kill butterflies and other good insects but far less than 1% of them.

FORBES: Green Genes

Yet, as the National Academy of Sciences has noted, this method is far more unpredictable than inserting a single gene from another species, as was done to produce insect-resistant corn, soybeans and cotton.

FORBES: Green Genes

However, English Nature, the UK Government's wildlife advisor is using the publication of the report to renew its call for a delay in the commercial planting of insect-resistant crops in Britain.

BBC: GM pollen 'can kill butterflies'

Herbicide tolerant crops are made resistant to a proprietary weedkiller, while Bt crops include genes that produce an insect-killing toxin.

BBC: UK urged to lead on future food