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Bayer Faces $8.5M Judgment After Appeal Fails

Law360 (January 25, 2008, 12:00 AM EST) -- Bayer Bioscience NV will have to shell out more than $8.5 million to Monsanto Co. after a federal appeals court on Friday upheld a decision that Bayer’s patents covering insect-resistant corn were unenforceable.

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling in Monsanto’s declaratory judgment suit that because Bayer’s key patent, U.S. Patent Number 5,545,565, was unenforceable for inequitable conduct, the other three related patents were also unenforceable.

Monsanto filed the suit in the U.S. District Court for the Eastern...
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