Posts Tagged: Monsanto


Court Affirms Inherent Disclosure of Monsanto Soybean Claims

The Federal Circuit affirmed the rejection of several claims in a patent owned by Monsanto... Extrinsic evidence is permissible to interpret an allegedly anticipating references and to …

Merger of Dow and DuPont set to make huge waves in agriculture, materials and plastics sectors

No one should get too used to seeing the name DowDuPont, however. Company executives plan on splitting DowDuPont into three separate companies, each with a specific industry …
By Steve Brachmann
4 years ago 0

Monsanto patent acquisition slows, focus remains on disease-resistant crops

Monsanto’s 2005 acquisition of vegetable and fruit seed producer Seminis, Inc., continues to pay dividends for the corporation as readers can see in a couple of patents …
By Steve Brachmann
4 years ago 0

CAFC Upholds Sanctions Against DuPont, in Favor of Monsanto

By claiming mutual and unilateral mistake, DuPont had placed the truthfulness of its subjective belief concerning its stacking rights at issue... The problem for DuPont was that …
By Gene Quinn
6 years ago 0

Irrational Fear of Monsanto Does Not Support DJ

In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto …
By Gene Quinn
7 years ago 3

Trace Contamination by Patented Seeds Insufficient to Establish Standing to Challenge Patents

Flying under the AMP v. Myriad radar recently was Federal Circuit’s Organic Seed Growers v. Monsanto. In Organic Seed Growers, the Federal Circuit denied declaratory relief …
By Cindy Chen
7 years ago 2

No Quanta of Solace for Farmer Bowman: Unlicensed Planting of Patented Seed Infringing Use, Not Patent Exhaustion*

n the case of Bowman v. Monsanto Co., Farmer Bowman may have believed that the “third time” would be “charm.” In two prior cases, Monsanto Co. v. …
By Eric Guttag
7 years ago 1

Sowing the seeds of wrath: Doctrine of Patent Exhaustion Could Not Save Farmer from Liability for Infringing Monsanto’s Patents on Genetically Modified Seeds

Some had hoped that the Court would use Bowman as an opportunity to address the extent of a patent owner’s monopoly over other self-replicating technologies in …
By Cindy Chen
7 years ago 14

Argument Summary: Supreme Court Hears Bowman v. Monsanto

While one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule …
By Gene Quinn
7 years ago 15

Planting Progeny Seeds Without Consent is Patent Infringement

In its amicus brief, CLI responds by arguing that the term “makes,” as used in Section 271(a), has its plain and ordinary meaning, which embraces the concepts …

Bowman v. Monsanto: Striking at the Roots of Innovation

Bowman v Monsanto involves a farmer who figured out how to get Monsanto’s patented seeds cheaper from a grain elevator than from the company. I won’…
By Joseph Allen
7 years ago 23

Prior User Rights: Rewarding Those Who Don’t Contribute

Prior user rights also implicate free rider problems with respect to a subsequent patent that an inventor obtains covering the subject matter of the secret prior user. …