News & Analysis as of

Farms Genetically Engineered Seed

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Husch Blackwell LLP

Food & Ag Weekly Round-Up: May 2019 #2

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The Statesman Journal reported on potential Oregon legislation that would allow farmers to sue for contamination from genetically engineered crops. The LA Times discussed a California law outlawing a certain pesticide. ...more

Polsinelli

The Miraculous Mushroom: How BioTech Regulations Influence Innovation

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20 years or five months? On March 8, 2019, nearly 20 years after AquaBounty Technology discovered a novel approach to increase the growth of Atlantic salmon, the U.S. Food and Drug Administration (FDA) finally “deactivated”...more

Knobbe Martens

Bayer and Monsanto Deal Gets Blessed

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Since May of 2016, Bayer and Monsanto have been working on a deal to combine the two giants. Based on a report released by the Wall Street Journal on Monday, April 9, 2018, the U.S. Department of Justice has just given its...more

Hogan Lovells

ECJ sides with farmers on genetically modified crops

Hogan Lovells on

The European Court of Justice has held that Member States may not adopt emergency measures prohibiting genetically modified food and feed (GMOs) unless there is clear evidence that a particular GMO presents a serious risk to...more

Morrison & Foerster LLP

Rare Grable Removal Sighted In Missouri

Establishing federal jurisdiction over state-law claims through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms Inc. v. Monsanto Co., No....more

Bradley Arant Boult Cummings LLP

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

Carlton Fields

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

Carlton Fields on

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

Patterson Belknap Webb & Tyler LLP

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

Mintz - Consumer Product Safety Viewpoints

Big Win for Anti-GMO Groups as Federal Judge Upholds Jackson County GMO Ban

On Friday, Federal Magistrate Judge Mark D. Clarke partially dismissed a lawsuit brought by commercial alfalfa farmers seeking to overturn a Jackson County ordinance that banned the use of GMO seed stock (“It is a county...more

Morrison & Foerster LLP

The Plant Variety Protection Act—An Increasingly Important Form of Intellectual Property Protection for Plants

As part of their treaty obligations in establishing International Union for the Protection of New Varieties of Plants (UPOV), member countries have enacted laws that provide ‘‘Plant Breeders’ Rights’’ for protecting the...more

Morrison & Foerster LLP

Seeds Worth More than Gold

Morrison & Foerster LLP on

Plant Breeders are Learning the Value of Protecting Their Inventions - Agricultural espionage: it’s not exactly the stuff of John le Carré novels. But recently a Chinese woman was charged in a plot to steal U.S. corn...more

Womble Bond Dickinson

Monsanto Files Complaint to Prevent Farmer from Harvesting Patented Seeds for Resale and Planting

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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

BakerHostetler

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

BakerHostetler on

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

Downs Rachlin Martin PLLC

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

Foley & Lardner LLP

Monsanto Averts Declaratory Judgment Suit

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On June 10, 2013, the U.S. Court of Appeals for the Federal Circuit held that Monsanto’s representation that it would not pursue farmers and seed sellers for patent infringement if they inadvertently use Monsanto’s patented...more

McDonnell Boehnen Hulbert & Berghoff LLP

Universities Urge Supreme Court to Affirm in Bowman v. Monsanto

A group of universities, entities affiliated with universities, higher education associations, and entities involved in university technology management, in an amici brief filed in Bowman v. Monsanto, argue that reversal of...more

McDonnell Boehnen Hulbert & Berghoff LLP

WLF Files Amicus Brief in Support of Respondents in Bowman v. Monsanto

In an amicus brief filed in support of respondents Monsanto Co. et al. last month, the Washington Legal Foundation (WLF) asked the Supreme Court to affirm that petitioner Vernon Bowman infringed Monsanto's patents on...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Government Requests Argument Time in Bowman v. Monsanto -- at Monsanto's Expense

In a paper filed earlier this week by Solicitor General Donald Verrilli, Jr., the U.S. government has asked the Supreme Court for leave to present ten minutes of argument in Bowman v. Monsanto. The request is not unusual or...more

McDonnell Boehnen Hulbert & Berghoff LLP

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

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