Dow Beats Bayer Herbicide-Resistance IP Suit In Fed. Circ.
By Stewart Bishop (September 3, 2013, 3:09 PM EDT) -- The Federal Circuit on Monday upheld a ruling that Dow AgroSciences LLC didn't infringe a Bayer CropScience AG patent for making plants resistant to herbicides, finding Bayer's preferred construction of the patent's claim language is at odds with its accepted scientific meaning.
A three-judge panel for the appeals court held that Bayer's proposed claim construction is wrong, as the patent's language describing an enzyme capable of breaking down the popular "2,4-D" herbicide into a metabolite that is no longer toxic to plants, relies upon the phrase "2,4-D monooxygenase" not carrying its ordinary definition.
Monooxygenase refers to enzymes catalyzing a reaction in...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!