News & Analysis as of

Dow Chemical

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Because we haven’t spilled enough ink on GE this week, Dealbook’s Common Sense column asks if GE’s decline (at least from a stock performance perspective) wasn’t so much Jeff Immelt’s doing as it was Jack Welch’s....more

Dow/DuPont: MOFCOM Grants First Conditional Clearance of 2017

by Latham & Watkins LLP on

On 2 May 2017, China’s Ministry of Commerce (MOFCOM) announced its conditional clearance of the proposed US$130 billion all-stock merger of equals between the Dow Chemical Company (Dow) and E.I. du Pont de Nemours and Company...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

An Obligation to Compensate a Patentee for Infringement May Not End When the Patent Expires. For the First Time, the Federal Court...

by Bennett Jones LLP on

An infringer's liability to compensate a patent owner may not end when the patent expires. The Federal Court has made a novel award of "springboard" profits, requiring an infringer to account for profits it made even after...more

Dow succeeds on major issues in patent infringement profits case

by Smart & Biggar on

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA...more

Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

by Smart & Biggar on

In February 6, 2017, the Federal Court of Appeal affirmed a decision (Docket A-43-16) of t­­he Federal Court concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company...more

Antitrust-Related Recent Developments: FTC/DOJ Aggressive Merger Enforcement Continues

The Federal Trade Commission and Department of Justice have continued their aggressive stance against proposed mergers that the antitrust agencies perceive as harmful to competition. So far this year, the FTC obtained a...more

Saudi Arabia Update - July 2016

by Dentons on

Legal Developments - Liberalization of Wholesale and Retail Trade Sector – 100% Foreign Ownership Allowed - Introduction - As was described in our September 2015 KSA Update, the Saudi Arabian authorities...more

Focus on Tax Controversy and Litigation - Treasury and IRS Issue Proposed Regulations Imposing Documentation Requirements Under...

by Shearman & Sterling LLP on

In addition to the discussion of the recently proposed regulations which impose new documentation requirements under Section 385, this month’s issue features articles regarding the Circuit Court decision in Chemtech Royalty...more

Your daily dose of financial news The Brief – 2.29.16

by Robins Kaplan LLP on

European stocks couldn’t escape the pull of tough news in Asia after a disappointing G-20 meeting of finance ministers sent markets there lower today. In other words, US markets may be wishing that we just kept on leaping...more

Clarifying the Obscure (Claim Indefiniteness) - The Dow Chemical Co. v. Nova Chemicals Corp. et al.

by McDermott Will & Emery on

Clarifying the application of the indefiniteness standard set forth in the Supreme Court’s Nautilus case, a divided U.S. Court of Appeals for the Federal Circuit denied a combined petition for rehearing and rehearing en banc...more

Federal Circuit Finds No "Way" To Support Doctrine Of Equivalents

by Foley & Lardner LLP on

In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., the Federal Circuit upheld the district court’s grant of summary judgment of no infringement under the doctrine of equivalents because the patent holder had failed to...more

The Federal Circuit Trend to Strengthen the Standard for Definiteness

by Fish & Richardson on

In Dow Chemical Co. v. Nova Chemicals Corp., 803 F.3d 620 (Fed. Cir. 2015), the Federal Circuit directly acknowledged that the Supreme Court’s recent ruling in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120...more

Ninth Circuit Denies EPA Motion for Vacatur, Grants EPA Motion for Remand

by Bergeson & Campbell, P.C. on

On January 25, 2016, in a significant development in the case involving the continued registration of DowAgrosciences LLC’s (DowAgro) Enlist Duo product, the U.S. Court of Appeals for the Ninth Circuit in Case Nos. 14-73353,...more

"M&A Techniques in a Complex Environment"

While the headlines in 2015 focused on the “megadeal” transactions over $5 billion (there were at least 137 such deals in 2015, according to Thomson Reuters), many transactions involving cross-border activities required...more

Your daily dose of financial news The Brief – 1.13.16

by Robins Kaplan LLP on

Likely prompted by its ongoing SIFI battle, MetLife is reportedly looking to spin off its retail life and annuity business and break up what’s now the largest life insurance company in the US, with $880 billion in assets –...more

What are the Rules on Indefiniteness of a Patent Specification under 35 USC § 112?

While the question was answered by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, 134 S. Ct. 2120 (2014), the Federal Circuit, in The Dow Chemical Company v. Nova Chemicals Corporation (Canada), (2014-1431,...more

EPA Replies in Support of its Motion for Voluntary Vacatur and Remand

by Bergeson & Campbell, P.C. on

On December 17, 2015, in the U.S. Court of Appeals for the Ninth Circuit Case Nos. 14-73353, et al. (consolidated), the U.S. Environmental Protection Agency (EPA) filed a reply in support of its motion for voluntary vacatur...more

Your daily dose of financial news The Brief – 12.16.15

by Robins Kaplan LLP on

The Fed’s Open Market Committee will wrap up its December meeting today, and big [long-awaited, honestly this time] news on rates is expected by afternoon. Here’s your continuing coverage – NYTimes and WSJ [and your 5 things...more

Your daily dose of financial news The Brief – 12.9.15

by Robins Kaplan LLP on

It’s already the strongest M&A year in history; why not add two iconic American brands to the mix? Dow Chemical and DuPont are reportedly in “advanced talks” to merge, creating a behemoth with combined sales of more than $90...more

EPA Files Motion for Voluntary Vacatur and Remand of Enlist Duo Registration

by Bergeson & Campbell, P.C. on

On November 24, 2015, in the U.S. Court of Appeals for the Ninth Circuit, Case No. 14-73353, the U.S. Environmental Protection Agency (Respondent; EPA) filed a motion for voluntary vacatur and remand of EPA’s registration, as...more

Environmental Groups File Opening Briefs Challenging Enlist Duo Herbicide

by Bergeson & Campbell, P.C. on

On October 23, 2015, in the U.S. Court of Appeals for the Ninth Circuit, Petitioner the Natural Resources Defense Council (NRDC) and Petitioners the Center for Food Safety, National Family Farm Coalition, Pesticide Action...more

Africa Update - October 2015 #2

by Mintz Levin - ML Strategies on

Leading the News - Libya: On October 8th, The Washington Post provided an update on the Islamic State of Iraq and the Levant’s (ISIL) activities in Sirte, Libya. Since taking hold of Sirte earlier this year, ISIL...more

Clarifying the Post-Nautilus Indefiniteness Standard - The Dow Chemical Co. v. NOVA Chemicals Corp. et al.

by McDermott Will & Emery on

Addressing the post-Nautilus indefiniteness standard, the U.S. Court of Appeals for the Federal Circuit reversed a jury’s finding that the claims-at-issue are not indefinite and similarly reversed an associated order granting...more

Ninth Circuit Invalidates EPA Approval of Controversial Pesticide

by Perkins Coie on

In a major victory for beekeepers, the U.S. Court of Appeals for the Ninth Circuit has vacated the EPA’s approval of the pesticide sulfoxaflor, concluding that the approval was based on “flawed and limited data” regarding...more

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