Commercial Law & Contracts, Science, Computers & Technology

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

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

Big Incentives for Investments in Cybersecurity

by Javier Siervo | Berkeley Research Group, LLC on 5/17/2013

Recently, Maryland Governor Martin O’Malley signed into law the Cybersecurity Investment Incentive Tax Credit. The credit is to be used against the state income tax of a Maryland cybersecurity company. To be eligible for the...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

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

by Elsa Broeker, JiJi Park, Amy L. Pierce, Deborah Thoren-Peden | Pillsbury Winthrop Shaw Pittman LLP on 5/16/2013

FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations. If your...more

Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0

by Rafi Azim-Khan, Steven Farmer | Pillsbury Global Sourcing Practice on 5/16/2013

What exactly is the '"best" solution for an international business needing to handle and transfer personal data across borders? This has become an increasingly important and common question as business becomes more...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

Capital Infusion - May 2013: Dealmaker’s Corner

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, David McLean | Patton Boggs LLP on 5/16/2013

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the...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

State Attorneys General Look Into Recent Data Breach Incident

by BuckleySandler LLP on 5/15/2013

On May 1, the Connecticut Attorney General, George Jepsen, and the Maryland Attorney General and NAAG President, Douglas Gansler, sent a letter to representatives of a “daily deals” website that recently disclosed a data...more

China Life Sciences Health Industry Client Briefing – April 2013 (May 15, 2013)

by Vicki Lung, Gordon B. Schatz, Katherine Yang, Amy Yin | Reed Smith on 5/15/2013

Pharmaceuticals, Medical Devices, Health Care & Life Sciences - ..Drugs - Approval of Innovative Drugs and Key Sector Generic Drugs to be Expedited (Shanghai Securities Journal 2013-04-23): Given the...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...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

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

New EU rules on online and alternative dispute resolution - a win/win?

by Susan McLean | Morrison & Foerster LLP on 5/15/2013

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...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

Employers – Are You Updating Your HIPAA Documents?

by Jewelie Grape | Leonard, Street and Deinard - Employee... on 5/15/2013

The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. ...more

Data Breach - Your Organization Needs a Plan

by Nicole Reimann | Schnader Harrison Segal & Lewis LLP on 5/15/2013

The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005,1 including these three: - A worker steals customer records containing credit card, bank...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

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Commercial Law & Contracts › Science, Computers & Technology