Monsanto Awarded ONE BILLION Dollars Due To Patent Infringement For A Product That Was Never On The Market
from the roundup-ready dept
We've had plenty of stories over the years of Monsanto's incredibly aggressive stance when it comes to its "Roundup Ready" patents. The company has now been awarded $1 billion from Dupont for infringing on one of these patents. Now, here's a case where we're talking about competing companies, so perhaps no big deal, right? Except there's one tidbit here that makes this interesting: Dupont never brought the product in question to market. So the "damages" to Monsanto would seem to be minimal... except in a court of law apparently. According to Patently-O:The damages theory was interesting. Since the accused product was not yet on the market, Monsanto did not seek any lost profit. Rather, Monsanto demanded a reasonable royalty for the research-use made by the defendants. Monsanto argued that the use of Monsanto's invention in DuPont's labs and Pioneer's test fields gave those companies an "improper head start" in making the GM seeds. The judge and jury agreed – if those companies wanted to build upon the invention then they should have first obtained a license. In the pharmaceutical world, 35 U.S.C. § 271(e) offers a research exemption for this type of activity. However, that exception does not apply here because of the low level of regulation over genetically modified food-products. The patent is set to expire in 2014. The patentee's right-to-exclusive-research supported by this case means that the 2014 date offers a starting-date for follow-on competitive research. Any actual products building directly upon the patented invention will arrive on the market sometime later.Got that? Normally, companies can build on top of others' products as patents are set to expire, so they're ready to launch once the patent has expired. But, in this case, even trying to build new offerings in a lab for use later is apparently an insane billion dollar issue. Even worse, it means that any real competition, which will create more market-reasonable prices, gets significantly delayed as no one can prepare for when the patent expires.
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Filed Under: patents, research, roundup ready
Companies: dupont, monsanto
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Monsanto just needs to die!!!
If Monsanto doesn't want someone to work from their product, keep their genes outta my field. Oh wait, nature blew the pollen into it - sorry, it's mine now.
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mmmmmmmonsatno
Carl's Jr... "Fuck You, I'm Eating."
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Labs
I can only guess that DuPont tried to market their similar rebranded product earlier than within the standard year which is required by law. Other than that I see no wrong on DuPont's behalf. So maybe it was just a minor legal gaffe and nothing more.
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If there was ever a case where the patent does not "promote the progress", this is it. They are explicitly impeding the progress.
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Re: Monsanto just needs to die!!!
Re: If Monsanto doesn't want someone to work from their product, keep their genes outta my field. Oh wait, nature blew the pollen into it - sorry, it's mine now.
You'd think that'd be the case but I suggest you watch the documentary "The Future of Food" sometime. You'd think thats how it would be but nope, US Gov't allowed Monsanto to force farmers in these cases to pay them. The farmers even lost in court, in once case, their life's savings.
Sad.
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Response
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Re: Monsanto just needs to die!!!
Evil, period.
Failing massive revolution, the west is on a track to destroy itself. Not that "multinationals" give a shit, mind you.
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Re:
That being said, molecular structures designed to strengthen the durability of certain products is quite patentable. It provides a wide variety of methods due to the wonders of Chemistr because chemistry provides more than one way to skin the cat persay.
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Appeals don't look promising.
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Breaking News - Happening Now - Update - Look At Me
ONE BILLION Dollars !
Muhahahaha Muhahahaha Muhahhahaha
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Re: Re: Monsanto just needs to die!!!
In the case this article is written about as well.
The one you state though is one in which the farmer went on to poison his crop so that only the modified seed would remain.
He sorted it to come up with only Monsanto seed that he could then use.
That particular guy is a bit of a fuckhead.
Do not use that dirty fuckhead to attack Monsanto with as he is easily shown to be just as bad.
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1) Genetically modify a plant so that it is unique, but not clearly distinguishable.
2) Patent it.
3) Have people secretly distribute seeds around other people's fields.
4) Sue everyone for patent infringement.
5) $$$
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Saw this insightful comment
Frightening thought that patents could drive R&D out of the country.
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Re: Labs
As I've said before, if you don't like length responses posted usually in order to correct flat out lies you tell (because I usually only respond to you about Android information) then start doing more research and stop being wrong.
That's cute though that you think of me.
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EU has charged them with at least:
- Illegal meetings with copy-medicine producers in a pay-to-delay case
http://www.reuters.com/article/2012/07/24/us-eu-servier-lundbeck-idUSBRE86N11W20120724
http:/ /www.reuters.com/article/2012/07/24/eu-servier-lundbeck-idUSL6E8IOHO520120724
- Compensating the copy-medicine producers for emptying their stores
- Trying to block extention on the generic Citalopram rights (was so absurd that prices hiked by 500+% (up to about 1500 % in one day...)
http://translate.google.com/translate?hl=en&sl=da&tl=en&u=http%3A%2F%2Fwww.bt.d k%2Fsygdomme%2Fprischok-lykkepiller-ti-doblet-i-pris
http://www.reuters.com/article/2012/07/25/us-e u-lundbeck-servier-idUSBRE86O0GI20120725
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So that's where it comes from .....
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lordy
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Re: Re: Labs
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Re: Re: Labs
Being thorough does not constitute long windedess.
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Re: Breaking News - Happening Now - Update - Look At Me
Uh, sir, now a days...a billion isn't really all that much. Why our front alone makes over a hundred billion on pharma and GM crops alone. We even rip off farmers on the side for using our competitors' products.
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Re:
No pun intended?
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Re: lordy
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Re: Re: Re: Monsanto just needs to die!!!
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Re: lordy
True, if they obtain a license allowing them to do it or the patent is expired. Neither was true in this case.
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Neither is particularly likely.
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Re: Monsanto just needs to die!!!
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so what, obviously that product has great value to some people, enough value that they are willing to steal that idea, and see it themselves... (and make a shit load of money)..
no one went without,, except until this ruling ... monsanto.. after this ruling, no one went without..
it's a 'positive sum gain' by all parties.. (you upset you did not get a cut masnick ?? )..
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they are in the market of selling electricity, not generators, same applies to companies like monsanto.. they sell products not patents..
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Re: Labs
it appears you would not be able to recognise an invention or a good idea, if it fell on your head..
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Re: Re: Re: Labs
Unless English is your second language, in which case, I understand. Speaking a second language is not necessarily easy. But if you struggle with the English language because it's your second language then your evaluation of what constitutes a word that few fluent English speakers know the meaning of is suspect. and don't expect us to 'dumb down' or simplify our English just because you struggle with the language. I'm not going to formulate my sentences around your limited English vocabulary and neither is anyone else. You can always visit www.dictionary.com or Google translate to help translate and define words.
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Re: lordy
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In any event, this case is still before the District Court, and will likely remain there so some time as the infringer prepares various motions to the court. Only if those fail would the case be in condition for an appeal to the Federal Circuit.
It should also be borne in mind that the patent at issue contains a variety of claims that are quite different from one another. Without knowing which claims were held to have been infringed, it is not possible to understand what were the contested issues and why they were resolved in the manner they were.
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Re: Re:
Are you suggesting that patents should be intended for something else?
If patents are intended for anything other than serving teh public interest than they ought to be abolished. I don't need to be an expert to posses and express such an opinion and I expect a representative government to proportionately represent my stance on this issue, not just to disproportionately represent the plutocracy.
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Re:
Then you are not fit to comment on the situation, because you have now demonstrated a total lack of awareness of some rather basic concepts.
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Re: Re: Monsanto just needs to die!!!
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Wally FTL
Clearly, Wally is too "intelegent" to use a spell checker, even though they're built into browsers these days.
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Re: Re: Re:
1. My father was a chemical engineer at Owen Corning glass so I kind of have a unique perspective on patent laws pertaining to the Chemicals R&D industry. As for my father, he recently retired from teaching Chemistry.
2. Because of chemistry, there are many different ways to make chemical bonds into different products.
3. Chemical R&D is covered under trade secret patents. Best known example is something a lot of my fellow countryman use to unstick bolts, maybe you've heard of it....WD-40
4. I know you're just saying that to get attention and honestly, you got mine. I gave you a well thought out and logical response to your trolling attempt. There's your attention troll, but tread lightly, I have VERY little patients for trolls.
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Re: Re: Re: Re: Re: Re:
Your statement proves that the only reason you tried to discredit me was based upon YOUR assumption I was taking the opposite side of your baseless opinions. That completely discredits you for this entire article.
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Re: Wally FTL
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Re: Re: Re: Re: Labs
Not to annoy you, but your only basis to try to discredit me is due to the fact you lack intelligence to point out any other mistakes in an otherwise perfectly flawless statement. When you have something intelligent to contribute to the posts here in this article. I highly encourage you to do so troll. Otherwise you have no place here.
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Learn how marijuana became illegal.
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Re: Re: Re:
A) Your lack of citation
B) You gave words not an explanation given logically
C) You've done a ton of trolling and don't realize you're the only one laughing.
D) Judging by how you spell Anerican as "AmeriKan" you are attempting (and failing miserably) trolling.
I do not have the time or the energy any longer to smack the stupid out of you, but if tempted further, I will.
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