FIRM CASE IS ON THE WAY TO THE UNITED STATES SUPREME COURT

The Supreme Court only accepts a very few patent cases as part of its discretionary review practice. One of the cases handled by Ed Sease of our firm is on its way to the U.S. Supreme Court, JEM Ag Supply v. Pioneer Hi-Bred International. The issue of key significance to the agricultural biotechnology industry involves whether sexually reproduced plants (such as corn) are eligible for normal utility patent protection. Both the Federal District Court and the Court of Appeals for the Federal Circuit have ruled in favor of MVS's client, Pioneer Hi-Bred, holding that such plants are eligible for such patent protection. The United States Government has indicated that it intends to file a Friend Of the Court brief in favor of Pioneer and MVS's position.The briefing is now complete, and will be orally argued on October 3, 2001.


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