Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
That massive thud? That would be the other shoe dropping in the form of Chinese counter tariffs on another $60 billion in US goods in response to the White House’s trade moves last week....more
Monsanto’s (and, in turn, Bayer AG’s) terrible, horrible, no good, very bad day in court over its Roundup products’ links to cancer continued yesterday, as a jury awarded $80 million to the California man who it had already...more
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
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
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
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
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
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
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
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
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
On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more
On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto...more
Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more
On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more
Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are...more
On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more
Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district...more
Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to reproduce them through planting and harvesting without the patent...more
Full text copy of the U.S. Supreme Court ruling in Bowman v. Monsanto Co. et al that Monsanto’s patent rights extend to future generations of its patented seeds. From Joe Barnes at the Washington Post: “Farmers must pay...more
Patent infringement arises when one “makes, uses, offers to sell, or sells” a patented invention without authority from the patent holder. However, once the first authorized sale of the patented product has occurred, the...more
Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned...more
In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was...more