Commercial Law & Contracts, Intellectual Property

What A Tax Attorney Can Do for You: Understand How Apple, Inc. Legally Does Not Pay Income Tax

by Anthony Diosdi | Moskowitz LLP on 5/22/2013

When Apple Inc., disclosed that it has not paid any corporate income tax over the past 4 years, it got the government’s attention. Hailed before the Senate, Apple is confident in their tax position because, it is legal. ...more

What Merchants Need to Know About the Mobile Payments Services Ecosystem: Patent Infringement Disputes

by Erica Wilson | Davis Wright Tremaine LLP on 5/21/2013

At LSI’s Merchant Strategies for Mobile Payments Conference in Seattle on May 14, DWT’s Erica Wilson presented on the topic of “What Merchants Need to Know About How the Key Players in the Mobile Payments Services Ecosystem...more

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 5/21/2013

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for...more

Focused on Franchise Law - May 2013

by Barry Kurtz on 5/21/2013

FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

by Valerie Goo | Orrick - Trade Secrets Group on 5/21/2013

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

by Cynthia Chen, Paul Devinsky, Lincoln Mayer | McDermott Will & Emery on 5/17/2013

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

by Daniel Corbett, Scott Lindlaw | Orrick - Trade Secrets Group on 5/17/2013

For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer...more

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

by K. Scott O'Brian | McNees Wallace & Nurick LLC on 5/16/2013

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds...more

Supreme Court Finds for Monsanto in Seed Harvesting Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/16/2013

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

Don’t Blame the Bean: The Monsanto Patent Decision

by Field Law on 5/16/2013

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our...more

U.S. Supreme Court Qualifies Patent Exhaustion

by Melissa Hunter-Ensor, Ph.D., Peter Lauro | Saul Ewing LLP on 5/16/2013

On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more

United States Supreme Court Victory for St. Louis-Based Monsanto

by Williams Venker & Sanders on 5/16/2013

The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic...more

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

by Erik Olson, Stephanie Skaff | Farella Braun + Martel LLP on 5/15/2013

On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto...more

Foul play over US trademark

by Edward Lee, Douglas N. Masters | Loeb & Loeb LLP on 5/15/2013

The Washington Redskins name has attracted fierce debate over the years. Edward Lee and Douglas Masters, attorneys at Loeb & Loeb, discuss the latest attempt to revoke the mark - US trademark law prohibits the...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

by Robert Isackson | Orrick, Herrington & Sutcliffe LLP on 5/15/2013

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

Who Owns the Rights to “To Kill a Mockingbird”?

by Aaron Kase | Lawyers.com on 5/15/2013

Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....more

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

by William Warren, David Wigley, Ph.D. | Sutherland Asbill & Brennan LLP on 5/15/2013

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

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

by Mary Anthony Merchant, Ph.D., Matthew Weaver | Ballard Spahr LLP on 5/15/2013

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

by Howard Ullman on 5/15/2013

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.

by Lawrence M. Sung | BakerHostetler on 5/14/2013

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: Crisis Averted on IP Protection for Self-Replicating Technologies

by Matthew Alan Chivvis, Matthew Kreeger, Michael R. Ward | Morrison & Foerster LLP on 5/14/2013

Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district...more

Bowman v. Monsanto Co. (2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/14/2013

Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to reproduce them through planting and harvesting without the patent...more

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Commercial Law & Contracts › Intellectual Property