B&W Attorneys Publish in Maryland State Bar Bulletin

Tuesday, June 25, 2019

The Maryland State Bar Association has published an article written by Berenato & White attorneys David Taylor and Corinne Pouliquen in the May 2019 MSBA Bar Bulletin.  The article is entitled “How much are patents related to large animal breeding worth?,” and analyzes XY, LLC v. Trans Ova Genetics, L.C., 890 F.3d 1282 (Fed. Cir. 2018), in which the Federal Circuit affirmed a $4.5 million (plus ongoing royalties) award for infringement of patents on techniques for sorting bull semen.  The case serves as a reminder to those in the agricultural industry (and other industries) of the importance of protecting innovations, including through patent procurement.  The case also demonstrates the importance of having a portfolio of patents.  Although one of the asserted patents was held invalid, the patentee owned five other patents that were upheld as not invalid and were found to have been infringed.