Monsanto

News & Analysis as of

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

Court Report - February 09, 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00157; filed February 5, 2014 in...more

Objectors Seek Writ of Certiorari to SCOTUS Over Monsanto Agent Orange Settlement

On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Supreme Court corner - Q3 2013

RECENT DECISIONS - Federal Trade Commission v. Actavis - Decided: 6/17/2013 Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason. In a split...more

EU Environment Report - July/August 2013

In this issue: - Chemicals: ..European Chemicals Agency consults on BPA classification ..Norway proposes to restrict decaBDE ..Danish register of goods containing nanomaterials -...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

Levick Monthly - July 2013: 5 Rules For General Counsel In The Digital Age, Risks Abound, But So Do Opportunities

In This Issue: - COVER STORY ..5 Rules for General Counsel in the Digital Age - CORPORATE & REPUTATION ..Bangladesh and Beyond: Walt Disney’s Leadership - LITIGATION ..Who Really Ignited Obama’s...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

How to Dodge a Declaratory Judgment Suit – by Website Disclaimer?

Fresh off its Supreme Court win last month, Monsanto has notched another appellate victory in a case relating to its patents on “Roundup Ready” genetically modified seeds. This most recent case involved an attempt by a group...more

Second Circuit Shifts Burden of Showing Assets to Defendants; Clarifies Monsanto Decision

Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of "asset freeze orders." Legal counsel and their clients should understand the issue, particularly as there is a...more

Growing Michigan - Second Quarter 2013

In This Issue: - Monsanto Wins Supreme Court Patent Case Concerning Roundup Ready Soy Beans - Farm Bill Moves Forward But Remains in Doubt - Bridge to Prosperity: New Bridge Between U.S. and Canada Approved -...more

No Case or Controversy if Patent-Holder Promises Not to Sue

On June 10, 2013, the Federal Circuit issued its opinion in Organic Seed Growers & Trade Association v. Monsanto Company, No. 2012-1298. In that case, approximately 300,000 farmers who did not use genetically engineered crops...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

Monsanto Averts Declaratory Judgment Suit

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

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

Monsanto Further Complicates The Biotech Foods Debate

Monsanto Co. made news, and some new enemies, recently when it was discovered that the company’s experimental genetically modified wheat – planted in several states between 1998 and 2005 – was found to have escaped...more

Supreme Court Corner - Q2 2013

Bowman v. Monsanto Co. - Decided: 5/13/2013 - Patent - Holding: (9-0) Patent rights are exhausted for only original seed sold. Bowman, a farmer, purchased and planted Monsanto’s patented...more

Sowing the Seeds of Patent Infringement

On May 13, 2013, the Supreme Court delivered a unanimous decision determining that the doctrine of patent exhaustion does not provide a safe haven for a farmer to create new seeds by reproducing patented seeds through...more

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to...more

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

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

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