Bayer Tells Fed. Circ. Patent Claim Faultily Constructed

Law360, New York (December 7, 2012, 6:49 PM EST) -- Bayer Cropscience AG says a trial court misconstrued its patented process for making plants resistant to herbicide when throwing out its infringement case against Dow AgroSciences LLC earlier this year, urging the Federal Circuit to reconsider the lower court's ruling.

In a brief filed with the appellate court Dec. 3, Bayer contested the claim construction relied upon by the Delaware federal court earlier this year when it granted Dow's bid to throw out Bayer's claim that it had developed corn and soybean crops that infringed the...
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