Unsatisfied that their lawsuit against Monsanto was thrown out of a lower court, 75 family farmers, seed businesses, and agricultural organizations are appealing the position to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

The brief filed asks the appellate court to reverse a lower court's decision from February dismissing their protective legal action against agricultural giant Monsanto's patents on genetically engineered seed.

The plaintiffs, made up of organic and conventional farmers and interest groups, originally filed a lawsuit against Monsanto in March 2011 in New York. The case sought to preemptively defend itself from any legal action Monsanto may take against them if their crops were contaminated with genetically modified crops. The groups sought to protect themselves what they deemed as abusive lawsuits from Monsanto.

Judge Naomi Buchwald of the Southern District of New York court dismissed the case because she didn’t find a case worthy of adjudication, saying “it is clear that these circumstances do not amount to a substantial controversy and that there has been no injury traceable to defendants.”

In the appeal, the plaintiffs argue what they believe were errors made in the district court decision that warrant reversal.