Cape Law Firm Blog

by Joel Cape

Agriculture

Corn Seed War Enters the Trenches

Corteva’s federal lawsuit against Inari is heading into the discovery phase with the Delaware district court’s denial of Inari’s motion to dismiss the case. As we’ve reported previously, this case raises some fascinating (geeked-out) issues regarding the overlapping intellectual property protection available for plants, particularly patents and Plant Variety Protection (PVP). The court’s ruling was quick to hone in on the unanswered question at the heart of the lawsuit: We want inventors to share their ideas with the world rather than keep them secret. So in exchange for limited exclusivity, inventors teach us how the trick was done. Competitors get the benefit of that knowledge. And they may make improvements, and

Read More »
Agriculture

A Looming Federal Food Fight

Presidential candidate Kamala Harris recently announced one of her economic priorities is a proposed a federal ban on “price gouging” on food and groceries. Although specific details of the plan are somewhat vague, it appears that Harris’ plan will include some form of price control on food. As most Americans know, food prices have risen dramatically following the pandemic and consumers are spending more of their income on food than at any time in the last three decades. Even though food is relatively expensive, many economists agree that price gouging can be difficult to define and price controls often produce mixed results. At the other end of the food spectrum, farmers are

Read More »
Agriculture

EPA Issues Rare Emergency Order Suspending DCPA (Dacthal) Herbicide

​For the first time in 40 years, the Environmental Protection Agency (EPA) deployed its emergency authority to suspend the registration of a pesticide, in this case, the herbicide known as DCPA (dimethyl tetrachloroterephthalate) sold under the trade name Dacthal manufactured by AMVAC Chemical Corporation. DCPA has been used in the United States since the 1950s. For the last several decades it has been primarily used in vegetable crops such as kale, broccoli, onions, cabbage, and athletic turf grasses. The EPA’s extreme action was taken after receiving long overdue data from the manufacturer concerning human toxicity, its status as a possible carcinogen, and particular risks to pregnant women and unborn fetuses of significant

Read More »
Agriculture

The Quest for a Tastier (and Healthier) Tater

The common spud, a staple in diets around the world, is undergoing an upgrade thanks to advances in genetic technologies such as gene editing. Developing improved potato varieties through traditional plant breeding is remarkably challenging, in part because most commercially grown potatos have a tetraploid genome, i.e., they have four sets of chromosomes instead of two. Using advanced genetic tools, companies are editing potato genes to modify starch ratios, improve starch quality, and even make them more block-shaped so they can be cut into more uniform french fries. The focus on potato improvement is probably overdue considering it ranks third, behind rice and wheat, as a food crop for human

Read More »
Legal News

U.S. Patent Office Seeks Public Comments on Experimental Use Exception to Patent Infringement

The U.S. Patent and Trademark Office (USPTO) is seeking the public’s views on a possible change in U.S. patent law to codify an experimental use exception to infringement. Agriculture is among the key interest groups that the USPTO is hoping to gain comments from as part of its joint efforts with the USDA to promote fair competition and innovation in seeds and agricultural inputs. There currently exists a narrow “experimental use” exception to patent infringement which was created by courts over 100 years ago. Simply stated, the experimental use exception permits the making and use of a patented invention “for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry”

Read More »
Agriculture

Agricultural Autonomy is Coming – Quickly

This week we saw more than a glimpse of the automated future of farming at the joint summer meeting of the Alabama and Georgia Seed Associations. Associate Director Madison Dixon introduced the Agricultural Autonomy Institute, established in June 2023 by Mississippi State University. This newly created university-level institute focuses specifically on “agricultural autonomy” which Mr. Dixon defined as the “automation of traditional agricultural practices through the adoption of multi-domain systems (e.g., drones, driverless tractors, machine vision, selective seeding/spraying technologies, etc.).” In other words, the production systems of farms of the not-too-distant future will be fully automated – operated entirely on computers linked to wireless-enabled equipment. Indeed, John Deere is aggressively pursuing a fully autonomous production cycle for corn and

Read More »

Join Our Newsletter