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Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more

The Responsible Corporate Officer Doctrine in the Wake of DeCoster

Executive Summary: The most important Park doctrine case in over forty years may be heading to the Supreme Court – but not if the federal government has its way. The Responsible Corporate Officer doctrine (“RCO doctrine”),...more

Winery, Vineyard Cyber Attack Risk Grows With Web-Connected Systems

In the internet of things (IoT), new opportunities for efficiency continually bring new cyber risk. If a device in your winery or vineyard connects to the internet, it is vulnerable. And so is the rest of the system connected...more

3D Printing Quarterly Report - Q4 2016

by Benesch on

Developments in 3D Printing: A Sector by Sector Overview - This report explores recent developments across a number of sectors as it relates to 3D printing and its impact on each sector. We’ve limited our scan to the...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

DOJ Sues to Halt Deere’s Acquisition of Monsanto’s Precision Planting

The Department of Justice (“DOJ”) sued this week to stop Deere & Co.’s acquisition of Monsanto Co.’s Precision Planting, explaining that the deal would harm farmers. The companies make high-speed precision planting systems,...more

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more

Food and Beverage News and Trends Series - April 2016 #2

by DLA Piper on

Kellogg will voluntarily label its GMO-containing products. On March 23, Kellogg Corp. became the latest major food manufacturer to announce that it plans to voluntarily label those products that it sells that contain GMOs....more

Food and Beverage News and Trends Series - April 2016

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Four major companies announce voluntary GMO labeling. Four major food...more

Foreign Supplier Verification Programs and Customs Compliance: Three Key Facts Companies Need To Know

by King & Spalding on

On November 27, 2015, the Food and Drug Administration (FDA) published the final rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals under the FDA Food Safety Modernization Act...more

Important Decisions Reached in Nairobi at the WTO’s 10th Ministerial Conference

by King & Spalding on

On December 19, the World Trade Organization (WTO) concluded its 10th Ministerial Conference in Nairobi, Kenya. The Ministerial Conference, which typically is held every two years, is a meeting of the decision-making body of...more

[Event] Yes, Virginia, You Can Use Drones in Your Business! - Dec. 1st (Virginia Beach, VA) & Dec. 4th (Richmond &...

by Williams Mullen on

Companies from a wide spectrum of industries have obtained a Section 333 Exemption from the Federal Aviation Administration (FAA) that permits them to fly Unmanned Aircraft Systems (UAS), commonly known as “drones,” to...more

The Oman Update - Official Gazette 1118

by Dentons on

Sultani Decrees - Sultani Decree No. 34/2015 promulgating amendments to some provisions of the Narcotics and Psychotropic Substances Control Law. Sultani Decree No. 35/2015 promulgating the law regulating the...more

Mandatory GMO Labeling Quashed Under House Bill

by Varnum LLP on

In late July, the U.S. House of Representatives passed the Safe and Accurate Food Labeling Act. The controversial legislation, as passed by the House, creates a national voluntary standard for the labeling of foods with GMO...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

Feedlot Health Management Services Ltd v The Queen, 2015 TCC 32 - The Tax Court Considers Fundamental SR&ED Principles

by Bennett Jones LLP on

Bennett Jones LLP represented Feedlot Health Management Services Ltd. (FHMS) in the recent Tax Court of Canada proceeding, Feedlot Health Management Services Ltd v The Queen (2015 TCC 32). The case concerned certain...more

More GMO Woes: Another Corn Exporter Sues Syngenta for its Failure to Isolate its GMO Corn

Last month, Archer Daniels Midland Co. (“ADM”) joined a slew of corn exporters and other stakeholders who have sued Syngenta based on allegations that China rejected these exporters’ products because Syngenta’s genetically...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

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

by Baker Donelson on

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

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

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

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

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 Foley & Lardner LLP on

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

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