UNITED STATES SUPREME COURT VICTORY

On December 10, our firmreceived a favorable decisionfrom the United StatesSupreme Court in an opinionheralded by many as the highcourt's broad affirmation ofthe wide breadth and scopeof patentable subject matterunder 35. U.S.C. section 101.The case, in which we representedPioneer Hi-BredInternational, a DuPontcorporation, involved thepatentability of plants underthe patent statute.Pioneer sued J.E.M. AgSupply, who was alleged tohave been reselling, undertheories which includedinfringement of trade secretand under 17 issued patentson plants, many of whichwere also prosecuted by ourfirm. The defendant challengedthe validity of patentson plants issued under thepatent statute arguing thePlant Variety ProtectionStatute and the Plant PatentAct were intended byCongress to be the exclusiveforms of protection for plants.There were 15 amicus briefsfiled which included nearlyevery major group or companyin the biotech industry.The case was argued by EdSease of our firm on October 3and the decision was handeddown December 10. Thedecision held that the broadscope of 101 included plantseven though there wereother more specific statutesthat addressed plants.Legal analysts are viewingthis case as an importantpatent case that affirms theintended broad scope of thepatent statute to protect awide variety of technologies.


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