Bayer Cropscience AG v. Dow Agrosciences LLC

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The patents-in-suit relate to soybeans genetically engineered to tolerate herbicide, and, particularly, to the Bayer-developed dmmg gene. The parties disagreed over the scope of Bayer’s license of the patents to MS Tech, specifically, whether the license granted MS Tech a broad license to commercialize and sublicense the soybean technology. MS Tech had sublicensed to Dow. When Bayer sued Dow for infringement, Dow raised that sublicense as an affirmative defense. The district court entered summary judgment in favor of Dow; the Federal Circuit affirmed. The district court then awarded Dow attorney fees under 35 U.S.C. 285, declaring this an "exceptional case.” The Federal Circuit affirmed, noting Bayer’s weak positions on the merits and litigation conduct. “Bayer’s own witnesses as well as key documents contradicted Bayer’s contorted reading of the contract.” Bayer’s arguments were “fallacious” because they were “implausible” and “made no business sense” in light of the facts surrounding the agreements and their negotiation. View "Bayer Cropscience AG v. Dow Agrosciences LLC" on Justia Law