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Agriculture Intellectual Property

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Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing...

by Knobbe Martens on

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be...more

Food & Beverage Litigation Update | August 2017 #2

Chicago SSB Tax May Cause State to Lose Federal Funding, USDA Warns - According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago...more

Food & Beverage Litigation Update | July 2017#3

EU to Issue Guidelines on Discriminatory Food Distribution - European Commission President Jean-Claude Juncker has reportedly indicated the EU will issue guidelines discouraging companies from selling apparently identical...more

EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets,...

As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing...more

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

by Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences Part XI: Agriculture and the Microbiome

Knowledge of, and interest in, the human microbiome has rapidly expanded in recent years: each week, there seems to be additional advancements in our understanding of the microbial communities that call our bodies home. As...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Food & Beverage Litigation Update | June 2017 #4

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

French Legal and Regulatory Update - May 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for May 2017. Please see full...more

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

Inadequate Disclosures Preclude Monetary Damages Recovery in Trademark Infringement Suit

by Orrick - IP Landscape on

Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment, Sazerac Co., Inc., et al. v. Fetzer Vineyards, Inc., Case No. 3:15-cv-04618-WHO (Judge William H. Orrick) - As any practitioner who has...more

Wild Introgressions: The Tomato Genome’s Impact on Plant Patenting and Trademark Branding Prospects

Diana Kennedy, an intrepid chronicler of Mexican cuisine, describes cuatomates as “very small cherry tomatoes with an intense flavor and enormous amount of tiny seeds.” A potently flavored, tiny green tomatillo variety...more

Palate Pleasing Zucchinis Dominate Squash Patenting

With Halloween over and Thanksgiving looming, recipes for butternut squash soup abound while caved-in pumpkin faces rot away in back alleys. For all their exotic shapes and colors, winter squashes remain tethered to autumnal...more

“Use in Commerce”: Look Before You Leap

by Orrick - IP Landscape on

Order Granting Motion to Dismiss, With Leave to Amend, Stag’s Leap Wine Cellars, LLC, et al. v. Treasury Wine Estates Americas Co., 16-cv-04922-RS (Judge Richard Seeborg) - Plaintiffs in trademark cases may be tempted to...more

The Location of Old McDonald’s Beehives Are Trade Secrets: Database Showing “Realistically” Ascertainable Locations Entitled to...

To qualify as a trade secret under either the UTSA or the DTSA, the information in question must not be “readily ascertainable” through “proper means.” But what does “readily ascertainable” mean?  If information is...more

Intellectual Property Overview For Agribusiness

by Buchalter on

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

by Lane Powell PC on

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than...more

In First Set of Post-Grant Review Decisions, PTAB Strikes Down Patents Based on Alice

by McDermott Will & Emery on

Addressing for the first time the issue of patent validity in the context of an America Invents Act post-grant review, the Patent Trial and Appeal Board (PTAB or Board) invalidated two livestock patents as unpatentable under...more

Additional IP Considerations in Light of Brexit

by Morgan Lewis on

Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios. Supplementary Protection Certificates (SPCs) are governed by EU regulations and are thus...more

First Post-Grant Review Written Opinions from PTAB Invalidate Two Patents for Livestock Valuation

by BakerHostetler on

The Patent Trial and Appeal Board (PTAB) issued its first written opinions based on a trial of the relatively new Post-Grant Review (PGR) proceeeding and genetic factors. American Simmental Association (ASA) brought the...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

2016 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

Does this bug you? When your food crawls...

by FPA Patent Attorneys on

In many countries, the consumption of insects is widely accepted. However in the Western world, edible insects are not a popular feature on many people’s menus or shopping lists – yet. Cricket-chip cookies, Bee-LT...more

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