Bayer Asks Fed. Circ. To Revive Herbicide-Resistance IP Suit

Law360, Washington (June 7, 2013, 4:51 PM EDT) -- Bayer Cropscience AG urged a Federal Circuit panel Friday to revive its patent infringement case against Dow AgroSciences LLC, alleging a Delaware federal court used contradictory dictionary definitions, expert testimony and irrelevant evidence to redefine its patented process to make plants resistant to herbicides.

According to Bayer counsel Robert J. Koch, U.S. District Judge Renee Marie Bumb homed in on a “term of art” in the company's patent and overly narrowed the process protection. That decision led to Judge Bumb tossing the case against Dow on...
To view the full article, register now.