Williams & Connolly successfully represented Bayer CropScience and Monsanto (“Bayer”) in three inter partes review proceedings against their competitor Corteva Agriscience. The three challenged patents relate to genetically modified seeds that are resistant to certain classes of herbicides. In December 2023, Williams & Connolly convinced the Patent Trial & Appeal Board (“PTAB”) to institute trial, leading to a stay of a co-pending district court case in which Corteva had sued Bayer for infringement. Dov Grossman presented oral argument in September 2024. Finally, in December 2024, the PTAB ruled in Bayer and Monsanto’s favor, finding all 93 challenged claims to be unpatentable.
The team representing Bayer included Dov Grossman, George Borden, Steve Wohlgemuth, Alex Zolan, Ben Picozzi, Min Kyung Jeon and Joe Catalanotto.