Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Sunday, December 25, 2005
Canola Wars: Federal judge in Oregon vacates patent infringement verdict that was in favor of Cargill and against Dow over disputed speciality canola oil products My ID Access Reports.
Cargill plans to appeal a federal judge’s ruling that prevents the company from enforcing Specialty Canola Oil patents previously found to be valid by a federal court jury, the company said today.
Cargill had asked a federal court here to find that that Dow’s Natreon canola cooking oil infringes on four patents secured by Cargill for its Clear Valley high oleic canola oils. The court found that Dow infringed on two of the four Cargill patents and the jury awarded Cargill $2 million in damages following its verdict that the patents were valid.
However, in a post-trial ruling this week, the judge granted Dow’s motion to declare Cargill’s patents unenforceable on the grounds that not all the testing data had been submitted to the U.S. Patent Office.
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