Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Far-Reaching Effects of Inequitable Conduct
The Federal Circuit recently held that an applicant's failure to disclose material notes to the U.S. Patent and Trademark Office ('PTO') can result in a finding of inequitable conduct that may render a patent, and even related patents, unenforceable. In Monsanto Co. v. Bayer Bioscience, N.V, No. 2007-1109, ___ F.3d ___, 2008 WL 200027, 85 U.S.P.Q.2d 1582 (Fed. Cir. Jan. 25, 2008) ('Monsanto III'), the Federal Circuit affirmed the District Court for the Eastern District of Missouri's holdings: 1) that a patent was unenforceable for inequitable conduct based on the applicant's failure to disclose its employee's notes that directly contradicted claims made by the applicant during prosecution; and 2) that the district court had jurisdiction to declare three related patents unenforceable as well despite the fact that the patent holder had previously filed a motion to dismiss claims based on these three patents and had signed a covenant not to sue for infringement thereof.
In 2000, Monsanto Co. ('Monsanto') brought a declaratory judgment action against Bayer Bioscience N.V. ('Bayer') challenging the validity and enforceability of four Bayer patents (the 'Bayer Patents'), and asserting that Monsanto's transgenic corn products did not infringe these patents. The Bayer Patents all related to the insertion of the amino terminal portion of an insecticidal toxin from Bacillus thuringiensis genes (the 'Bt toxin') into plants. Bt toxins, which are proteins, are toxic to certain crop-destroying insects, but harmless to humans. Thus, plants that are genetically engineered to produce the Bt toxin in sufficient quantities are insect-resistant, yet still safe for human consumption.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.