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Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP


Latest Posts › Infringement

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Bowman v. Monsanto: Oral Argument

The Supreme Court heard oral argument today in Bowman v. Monsanto Co., with Mark P. Walters representing Farmer Bowman, Seth Waxman representing Monsanto, and Melissa Arbus Sherry representing the Department of Justice. ...more

2/20/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Patent Exhaustion Patents SCOTUS

Parties Reiterate Arguments from Certiorari Petitions in Briefs to Supreme Court

On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more

2/19/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement License Agreements Patent Exhaustion

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

2/15/2013 - ANDA Cephalon Clear and Convincing Evidence Expert Testimony Generic Drugs Hatch-Waxman Infringement Patents Pharmaceutical Presumption of Validity Reversal Reverse Payment Settlement Agreements Standard of Proof

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

2/1/2013 - Biotechnology Bowman v Monsanto Farms Genetically Engineered Seed Infringement Patent Exhaustion Patents SCOTUS Seeds

Government Sticks to Its Guns in Bowman v. Monsanto Amicus Brief

Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned...more

1/29/2013 - Genetically Engineered Seed Infringement Monsanto Patents SCOTUS Seed Set

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