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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
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Defining “Seed”, “Plants” and Other Words in the Corn Seed Wars

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by Joel Cape

Agriculture

Defining “Seed”, “Plants” and Other Words in the Corn Seed Wars

The patent and PVP infringement lawsuit between Corteva and Inari has entered a critical phase known as “claim construction.” This is the part of the case where the court decides the meaning and scope of the patent’s “claims,” i.e., those numbered paragraphs at the very end of the patent. A patent’s numbered claims are the patentee’s description of the invention, which typically use terms of art and technical phrases that would be understood by someone knowledgeable in the field of the invention (i.e., skilled in the art). Because words and phrases may convey different meanings, parties in an infringement case submit proposed interpretations of the claims in briefs to the

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Swasti Jain May 19, 2025
Uncategorized

Sorghum – the Breakfast of Champions, Expanding the Definition of Pesticide “Misbranding,” and other news to ponder

Old Crop Gains Renewed Interest In Joe Barrett’s recent Wall Street Journal report, at least a few folks are hoping to reintroduce sorghum as the next big thing in healthy eating, and maybe they are on to something. While not the oldest, sorghum cultivation goes back around 5,000 years and is among the top five crops grown globally. The crop’s resiliency, including drought tolerance, and relatively high protein content, is generating renewed interest as a food crop instead of mostly serving as feed for livestock. The recent trade wars are fueling the search for alternative uses for the grain as stockpiles languish in elevators. Kansas State University and University of Nevada-Reno are among the

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Swasti Jain May 6, 2025
Agriculture

A Partial Settlement for High-Priced Beef, Farmer-less Farming Technology Advances, and other news to ponder

Partial Settlement in Beef Price-Fixing Suit JBS USA Food Co., Swift Beef Co., JBS Packerland Inc. and JBS S.A. (“JBS”) have reached a tentative settlement in a multi-district federal class action over allegations of limiting fed cattle supplies and fixing prices for beef. Eligible claimants consist of the following groups: persons within the United States, directly sold to a Defendant one or more fed cattle for slaughter from June 1, 2015 to February 29, 2020 other than pursuant to a Cost-Plus Agreement and/or a Profit Sharing Agreement (the “Producer Class”) persons that held a long position in Live Cattle Futures traded on the Chicago Mercantile Exchange prior to June 1,

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Swasti Jain April 28, 2025
Agriculture

Anti-Deer Beans, Too Many Beer Law Firms, and other news to ponder from Cape Law Firm

 Soybean Trait Gives Deer the Screaming Meanies Researchers at the University of Tennessee have inserted a gene in wild-type soybeans that give deer an upset stomach (and probably the squirts too), according to a recent report by Raney Rapp of Farm Progress. The trait allows the plants to produce trypsin inhibitors, which interfere with protein digestion. In crop production environments, deer tend to feed heavily on soybean crops, leading to yield losses that can be significant. Beans with the new trait give deer a case of the sour stomach, leading them to consider something else to feed on. You can read more here. CBD Without the Cannabis Cannabidiol, widely referred to as

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Swasti Jain April 21, 2025
Agriculture

U.S. Biotechnology at Risk, Roundup’s Second Shot at the Supreme Court, and other news to ponder from Cape Law Firm

U.S. Biotech Leadership at Risk The National Security Commission on Emerging Biotechnology delivered a major report to Congress with a stark warning that the U.S. biotech sector is at risk of falling behind China unless the government and researchers swiftly step up investment and support. The report outlined grave risks to American security and prosperity: Based on two years of research and consultation with private and public experts, this report comes to a sobering, even frightening, conclusion: China is quickly ascending to biotechnology dominance, having made biotechnology a strategic priority for 20 years. To remain competitive, the United States must take swift action in the next three years. Otherwise, we risk falling

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joelcape April 15, 2025
Agriculture

Spray Less & Control More, Stale Roundup Lawsuit, and other news to ponder

New Technology for an Old Spraying Problem MIT researchers have developed new technology to keep pesticides on plant leaves instead of bouncing or running off during spraying. While countless surfactants and adjuvants have been created to address this age-old problem, this new technology promises to reduce application costs from 30% to 50% while providing better pest control than conventional methods. The researchers started the company, AgZen to commercialize the technology, consisting of two primary products: (i) AI-powered hardware bolted to sprayers and equipped with a camera that analyzes spray droplets in real-time, allowing operators to optimize the application, and (ii) and specialized nozzel equipment that “cloaks” droplets with adjuvants instead of mixing

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joelcape April 8, 2025
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