Fed. Circ. Denies Dow Review Of $455M Bayer Patent Award

Law360, San Francisco (May 12, 2017, 7:06 PM EDT) -- The full Federal Circuit on Friday denied Dow AgroSciences LLC's petition for panel or en banc review of its March decision affirming a $455 million judgment in an agriculture licensing dispute with units of Bayer AG, leaving in place an arbitration panel's finding that Dow infringed Bayer's weed control technology patents.

The dispute arises from five patents related to a gene that confers resistance to the herbicide glufosinate, which Bayer licensed to Dow's predecessor in 1992. Dow later sub-licensed the patents to another company called MS Technologies LLC in 2007. Bayer terminated its licensing agreement in 2012, then sued Dow for...

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