Intellectual Property News and Reports

This is a patent infringement case relating to chimeric genes. Plaintiff-Appellee Monsanto Co. (“Monsanto”) brought a declaratory judgment action against Defendant-Appellant Bayer Bioscience N.V. (“Bayer”) challenging the validity and unenforceablity of four Bayer patents, U.S. Patent Nos. 5,545,565 (“the ’565 patent”), 5,767,372 (“the ’372 patent”), 6,107,546 (“the ’546 patent”), and 5,254,799 (“the ’799 patent”), and asserting that Monsanto’s transgenic corn products did not infringe these patents. Bayer appeals a final judgment, issued after jury trial, declaring the asserted claims of the ’565 patent invalid and non-infringed. In addition, Bayer appeals the final judgment of the district court that the four patents are unenforceable for inequitable conduct. We affirm the district court’s conclusion that the ’565 patent is unenforceable for inequitable conduct and hold that the district court had jurisdiction to declare the ’372, ’546, and ’799 patents unenforceable. Accordingly, we do not reach the other issues raised by Bayer on appeal.

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