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Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ?new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ?projects and activities (78...more

Monsanto Files Complaint to Prevent Farmer from Harvesting Patented Seeds for Resale and Planting

On February 5, 2014, Monsanto Company and Monsanto Technology, LLC (“Monsanto”) filed a complaint in the Middle District of Georgia asserting willful patent infringement against a farmer (Christopher Ponder and Chris Ponder...more

Is Inventive Step In New Zealand “Udderly” Ridiculous?...And Will It Improve Under The New Legislation?

Under the present regime in New Zealand, the objection that a patent application lacks an inventive step is not available during prosecution and the burden of proof required to show a lack of inventive step in an opposition...more

Germany approves "group action" rights for animal protection activist organizations

Germany’s most populous state has adopted a law, already in effect, allowing so-called group actions in cases involving animal protection. The new act (Gesetz über das Verbandsklagerecht und Mitwirkungsrechte für...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

House Passes Healthy Forests Bill That Would Amend ESA With Respect To Forest Reserve Projects

On September 20, 2013, H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, was passed by the House of Representatives by a vote of 244-173. Shortly thereafter, the bill was referred to the Senate Committee...more

Eighth Circuit Decides Case Involving 4-H Pig Show Ban

The Eighth Circuit upheld an injunction issued in favor of a 4-H member against the South Dakota State Extension Service to allow her to continue participating in livestock shows. The Court found that she would likely be...more

Anti-GMO Groups Ask Supreme Court To Reconsider Standing To Bring Declaratory Judgment Action Against GMO Patent Holder

Recently, a group of 73 organic and conventional farmers, seed businesses, and public advocacy groups petitioned the Supreme Court to review the Federal Circuit’s decision that the petitioners lack standing to pursue their...more

Use of Agricultural Conservation Easements Must Be Considered In Mitigating Loss of Prime Farmland To Development

A sand and gravel quarry was proposed for a site containing 45 acres of prime farmland. The Environmental Impact Report (“EIR”) analyzing the development concluded that obtaining perpetual agricultural conservation easements...more

Ninth Circuit Affirms APHIS’s Deregulation of Roundup Ready Alfalfa; Denies Plaintiffs’ Request for Rehearing En Banc

In May 2013, the Ninth Circuit in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir. May 17, 2013), affirmed a district court’s ruling that upheld the U.S. Department of Agriculture’s Animal and Plant Health Inspection...more

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite...

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court’s judgment denying a writ petition with directions that the County of Mendocino prepare and circulate a...more

Food Litigation Newsletter - July 9, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

Court Finds Public Interest In Meeting Renewable Energy Goals in California Outweighs Efforts To Preserve Agricultural Lands -...

In Save Panoche Valley v. San Benito County, the Sixth District Court of Appeal upheld the county’s approval of a 420-megawatt photovoltaic solar plant. The court found that the county had substantial evidence to support its...more

Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

In a significant legal decision with a connection to Vermont’s farming community, the United States Court of Appeals for the Federal Circuit has affirmed that organic farmers cannot obtain a judicial declaration to prevent...more

Must An Oil And Gas Lessee Accommodate A Cattle Operation?

At Looper Reed we advise our clients that it is good business to accommodate your neighbor informally, if you can. Sometimes that leads to attempted world domination, as Chamberlain learned from Hitler in 1938....more

Federal Circuit Review - Volume 3 | Issue 6 June 2013

In This Issue: • Judgment of Infringement Entered as Sanction • Patent Exhaustion Does Not Apply to Harvested Seeds • Judges Disagree on § 101 Standards • Litigation Is Not a Domestic Industry - Excerpt...more

Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from...more

Monsanto Averts Declaratory Judgment Suit

On June 10, 2013, the U.S. Court of Appeals for the Federal Circuit held that Monsanto’s representation that it would not pursue farmers and seed sellers for patent infringement if they inadvertently use Monsanto’s patented...more

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

The Grapes of Wrath: U.S. Supreme Court Holds that Takings Claim Can be Raised as an Affirmative Defense to Enforcement Action...

In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are...more

Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seeds

In a brief, unanimous opinion written by Justice Kagan, the Supreme Court yesterday agreed with Monsanto that the patent exhaustion doctrine does not enable farmers to replant and reproduce patented seeds without the...more

Patent Watch: Bowman v. Monsanto Co.

On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more

Bowman v. Monsanto

Supreme Court Ruling on Patent Rights of Self-Replicating Technology

Full text copy of the U.S. Supreme Court ruling in Bowman v. Monsanto Co. et al that Monsanto’s patent rights extend to future generations of its patented seeds. From Joe Barnes at the Washington Post: “Farmers must pay...more

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