News & Analysis as of

Dow Chemical Appeals

Schwabe, Williamson & Wyatt PC

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

Smart & Biggar

Dow succeeds on major issues in patent infringement profits case

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

Smart & Biggar

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

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

Bergeson & Campbell, P.C.

Environmental Groups File Opening Briefs Challenging Enlist Duo Herbicide

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

McDermott Will & Emery

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

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

Perkins Coie

Ninth Circuit Invalidates EPA Approval of Controversial Pesticide

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

Bergeson & Campbell, P.C.

Ninth Circuit Vacates EPA’s Unconditional Registration for the Neonicotinoid Pesticide Sulfoxaflor Based on Hazard to Bees

In an opinion issued on September 10, 2015, the U.S. Court of Appeals for the Ninth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) unconditional registration for the pesticide sulfoxaflor and remanded the...more

Bergeson & Campbell, P.C.

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

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