Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Fed. Cir.

Bayer CropScience AG v. Dow AgroSciences LLC, No. 16-1530 (Fed. Cir. Mar. 1, 2017)

Affirmed in Part
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 16-1530
Also Docketed
No. 16-1623 (consolidated; same document)
Decided
March 1, 2017
Judge
Taranto, J.
Document
Nonprecedential Opinion
Length
28 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case involves an international arbitration trib u- nal’s decision on a contract claim, under French law, and patent-infringement claims, under U.S. law, in a dispute between Bayer CropScience NV and Bayer CropScience AG (sometimes collectively, Bayer), on one side, and Dow Agrosciences LLC, Mycogen Plant Science, Inc., Agri- genetics, Inc., and Phytogen Seed Co. (collectively, Dow) , on the other. Bayer initially sued Dow for patent i n- fringement, but the district court stayed the acti on pend- ing arbitration.