In 2009, Montagnier published two independently made, controversial research studies, one of which was entitled "Electromagnetic Signals Are Produced by Aqueous Nanostructures Derived from Bacterial DNA Sequences." Jeff Reimers of the University of Sydney said that, if its conclusions are true, "these would be the most significant experiments performed in the past 90 years, demanding re-evaluation of the whole conceptual framework of modern chemistry". The paper concludes that diluted DNA from pathogenic bacterial and viral species is able to emit specific radio waves" and that "these radio waves [are] associated with ‘nanostructures’ in the solution that might be able to recreate the pathogen".
A 12 January 2011 New Scientist editorial described the controversial nature of the research, while also noting how many researchers "reacted with disbelief", with Gary Schuster comparing it to "pathological science." Biology professor PZ Myers also described it as "pathological science." He described the paper as "one of the more unprofessional write-ups I've ever run across", and criticized the publication process as having an "unbelievable turnaround" time: "another suspicious sign are the dates. This paper was submitted on 3 January 2009, revised on 5 January 2009, and accepted on 6 January 2009", leading him to ask: "Who reviewed this, the author's mother? Maybe someone even closer. Guess who the chairman of the editorial board is: Luc Montagnier."
In 2009, Montagnier became involved in a legal battle with inventor Bruno Robert over the intellectual property rights to the techniques used in the aforementioned research. Robert, who had tried to succeed the company Digibio created by Jacques Benveniste, approached Montagnier in May 2005 regarding his work on electromagnetic signals. In November 2005, Robert registered a patent for the process of homing in on a "biochemical element presenting a biological activity through the analysis of low-frequency electromagnetic signals." This patent was in fact written by Montagnier from results obtained between July and November 2005. A month later, INPI, France's patents body, received a request for the same patent from Montagnier, which was criticized by the patent examiner on multiple points, including the following: