Canola Patent Challenge Fizzles

Law360, New York (February 15, 2007, 12:00 AM EST) -- Cargill Inc. has suffered another blow in its battle with a subsidiary of Dow Chemical Co., with a U.S. appeals court on Wednesday upholding a lower court ruling that patents held by the agribusiness giant for high-oleic canola oil are invalid and unenforceable.

The U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the district court with respect to invalidity and unenforceability in a lawsuit filed by Dow AgroSciences LLC, a wholly owned subsidiary of Dow Chemical.

The long-running patent spat began when...
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