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General Business Intellectual Property Agriculture

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

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

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

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

“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

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

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

US CHINA TRADE WAR–DAMAGE CAUSED BY AD ORDERS, TRIUMPH AND TRAGEDY OF TAAF, TPP DEVELOPMENTS, NEW TRADE/CUSTOMS LAW

by Dorsey & Whitney LLP on

Attached is the first half of the December blog post, which covers the collateral damage caused by US Antidumping Orders on downstream US production by the numerous antidumping orders against raw material inputs from China,...more

New Canadian Law Strengthens Plant Breeders’ Rights

by Morrison & Foerster LLP on

In Canada, plant breeders’ rights are a form of intellectual property under the Plant Breeders’ Rights Act of 1990. The intent of the 1990 act was to encourage plant breeding in Canada by strengthening the protections for new...more

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

Product labeling requirements aren't all black and white

by McAfee & Taft on

Your company has created and developed a new, innovative product. You’ve tested your product, you’ve adopted a new trademark, and you’re ready to begin manufacturing. The remaining steps of preparing your product for sale,...more

Breaking Up is Hard to Do: The California Strawberry Commission’s Claim to University Plant Breeding Research

Plant patents are often overshadowed by their more well-known utility and design patent counterparts under U.S. law. Yet, with the increasing branding and differentiation of agricultural commodities, plant patent rights...more

Bowman v Monsanto in an Australian context

by FPA Patent Attorneys on

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered...more

Federal Circuit Review - Volume 3 | Issue 6 June 2013

by Knobbe Martens on

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

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

by BakerHostetler on

"[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

Monsanto Wins Supreme Court Patent Case Concerning Roundup Ready Soy Beans

by Varnum LLP on

This case involved an Indiana soy bean farmer who, for his first crop of the year, bought Roundup Ready Soy Bean seed from an approved Monsanto dealer. After harvesting that crop, the farmer planned a second, and because of...more

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

by McDermott Will & Emery on

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

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

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

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