Dow Beats Bayer Herbicide-Resistance IP Suit In Fed. Circ.

Law360, New York (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...

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