Sanctions Against DuPont, Attorney's Fees Awarded to Monsanto Affirmed by Fed. Cir.

摘要

E.I. du Pont de Nemours & Co.'s litigation against Monsanto Co. over a transgenic seed license abused the judicial process and was conducted in bad faith, the U.S. Court of Appeals for the Federal Circuit ruled on May 9 (Monsanto Co. v. E.I. du Pont De Nemours & Co., Fed. Cir., No. 2013-1349, 5/9/14). A jury previously awarded $1 billion for patent infringement and DuPont stipulated to dismissal of its antitrust claims. This appeal related only to sanctions and the award of attorneys' fees due to DuPont's actions in pressing its claims that the parties had a different agreement than what was laid out in the plain terms of the license.