Bayer To Pay Monsanto Attorneys' Fees

Law360, New York (April 23, 2008, 12:00 AM EDT) -- Bayer Bioscience NV will have to pay Monsanto Co.'s attorneys' fees in a case about patents for insect-resistant corn, the Federal Circuit Court of Appeals ruled on Wednesday.

Bayer had appealed the U.S. District Court for the Eastern District of Missouri's final judgment granting attorneys' fees to Monsanto. The district court concluded that attorneys' fees were warranted because Bayer's inequitable conduct during the prosecution of the four patents made the case exceptional.

Bayer did not challenge the discretionary determination to award attorneys' fees. The company argued...
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