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Bowman v Monsanto in an Australian context

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

DOE Publishes Notices Announcing Meeting Of And Solicitation Of Nominees For Biomass R&D Technical Advisory Committee

On May 19, 2014, two U.S. Department of Energy (DOE) notices were published in the Federal Register. The first is a notice of an open meeting of the Biomass Research and Development Technical Advisory Committee (Committee)....more

Turning Problems Into Profits: Ag Waste-To-Energy Trend Could Be A Boon For New Jersey Lawyers

Scientists at the Rutgers EcoComplex in Bordentown are working hard to find new and more efficient ways to transform agricultural waste into energy. In the process, they stand a good chance of creating exciting new...more

Your Opportunity to Improve the Competitive Framework of Your Industry

Have Your Say on the Issues Paper on Australia's Competition Policy Review before 10 June 2014 - The Competition Policy Review Panel (Review Panel) has released its much anticipated Issues Paper on the 'root and...more

Wrap-up of Federal Chemical Regulatory Developments for April 2014

EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the...more

Real OFAC Policy Changes Toward Iran—OFAC will consider non Ag/Med exports

As a new round of nuclear talks involving American, European, and Iranian leaders commence this week in Vienna it appears that the first-step deal agreed upon in January has already led to significant changes in OFAC’ s...more

Food Litigation Newsletter - March 2014

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case ..FDA Responds to Court Referrals Regarding “Natural” and...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

How Will the Rise of Google Glass Impact the Food Industry?

Google glasses could impact the food industry in two ways. It could feed a growing consumer demand to know more about its food and it could better enable federal agencies to gather evidence during an inspection....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

Legislative Update Report No. 2013-20 -- Oct 28, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Opposition to Genetically Engineered Crops Goes Local: Municipal Laws Seek to Ban GMOs

A recent effort by two Los Angeles city councilmen to ban the sale and cultivation of genetically modified organisms (GMOs) signals an emerging trend in the attack against crop biotechnology. Municipalities in a number of...more

Update - Protecting Plant Varieties In Australia And New Zealand

Recently we provided a summary of key elements of protecting plant varieties in Australia and New Zealand. In this summary we highlighted that plant breeders could seek dual protection under both Patents and Plant Breeder’s...more

Advertising News & Analysis - August 29, 2013

In this issue: - Register Now and Join Us at ERA D2C - What You Think You Know Can Hurt You - FDA Serves Seconds on Medical Food Guidance - Facebook Promotions? You Don't Need an App for That -...more

Jury Finds AQHA Clone Ban Violates Antitrust Laws

A federal jury in Amarillo recently found that the American Quarter Horse Association's rule that bans registration of cloned horses or their offspring violates both state and federal antitrust laws. The AQHA, which is the...more

Two More Courts Defer to the FDA in Food “Misbranding” Class Actions

We previously reported Judge Yvonne Gonzalez Rogers’ decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be...more

Legislative Update Report No. 2013-14 -- July 26 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Capital Thinking Update - July 29, 2013

General Legislative - The Senate will convene today, Monday, July 29, at 2:00pm. After any Leader remarks, the Senate will be in morning business until 4:30 pm, with senators permitted to speak for up to 10 minutes each....more

Capital Thinking Update - July 22, 2013

General Legislative - The Senate will convene at 10:00 am on Tuesday, July 23. Senate Majority Leader Harry Reid (D-NV) is expected to renew his motion to proceed on the FY 2014 Transportation, Housing and Urban...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

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

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

Agribusiness Alert: First Genetically-Engineered Food Labeling Legislation Passed by Connecticut

A critical issue in food production today is the use of genetically modified commodities in food production. Connecticut has recently become the first state to pass GMO labeling legislation, although about half of the states...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

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