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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
  • Blog
  • Contact

Dicamba’s New Trial, and Other Legal News | Cape Law Firm

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Cape Law Firm Blog

by Joel Cape

Treated Seed Under Fire (Again), New Dicamba Resistance
Agriculture

Treated Seed Under Fire (Again), New Dicamba Resistance

Treated Seed Exemption Under Fire (Again) A coalition of environmental groups has filed a lawsuit against EPA in a running legal fight to eliminate treated seed from an exemption under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The EPA does not require registration of treated seed under FIFRA’s “treated articles” exemption. The environmental groups petitioned EPA in 2017 asking the agency to regulate treated seed, taking particular aim at neonicotinoid treatments. When the agency failed to act, the environmental groups filed suit to force EPA to make a decision on their petition. Last fall, the EPA denied the groups’ petition. The new lawsuit is the next step to challenge the Agency’s decision to

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joelcape June 12, 2023
Broad Disclosures Required for Broad Patent Monopolies and More
Legal News

Broad Disclosures Required for Broad Patent Monopolies and More

Supreme Court Pulls the Reins on Broad Patent Claims Broad claims for patented inventions were recently reined in by the Supreme Court in a long-running patent infringement dispute between two pharmaceutical companies, Amgen Inc. and Sanofi. The decision turned on the legal requirement that patents must “enable” someone skilled in the art to make and use the invention (the “enablement” requirement). Underlying this requirement is the foundational “patent bargain” principle that in exchange for a limited monopoly on the invention, the patent must publicly disclose the invention in “full, clear, concise, and exact terms.” At issue in the case were two patents by Amgen that broadly claimed all antibodies that

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joelcape June 2, 2023
A Court Defines Butter, Farming From Space | Cape Law Firm
Agriculture

A Court Defines Butter, Farming From Space | Cape Law Firm

I Can’t Believe Anyone Thought It Was Butter! There is no shortage of quirky litigation over food claims. A recent example comes from the Ninth Circuit Court of Appeals which weighed in on the definition of butter in a consumer class action against Unilever regarding its product, “I Can’t Believe It’s Not Butter! Spray.” Plaintiffs claimed that the nutritional labeling for “I Can’t Believe It’s Not Butter! Spray” (referred to as “Butter! Spray”) was misleading because it was based on artificially low serving sizes – it was labeled as having zero calories and zero grams of fat per serving. Plaintiffs alleged that the serving size should be based on a serving

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joelcape May 19, 2023
Free Range Pigs, the Miracle Third Crop and More
Agriculture

Free Range Pigs, the Miracle Third Crop and More

Supreme Court Gives Pigs Space to Roam (or at least turn around) Hot off the Supreme Court press, the High Court affirmed the dismissal of National Pork Producers’ (NPP) and American Farm Bureau’s (AFB) challenge to a California animal welfare law known as Proposition 12. The law revised California’s standards for the in-state sale of eggs, veal, and pork – and as it concerns this case, the law forbid the in-state sale of pork that came from pigs that were “confined in a cruel manner.” Thus, among other things, sows were required to have at least 24 square feet of living space. As a practical matter, the law impacted the

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joelcape May 12, 2023
Ranch Water or ranch water, and other legal news
Brands

Ranch Water or ranch water, and other legal news

Ranch Water or ranch water? Sometimes a good brand idea just slips away, and next thing you know someone else is using your idea to make piles of money. A couple years ago I noticed a can of Ranch Water (tequila, sparkling water, and lime juice) in the cooler of a local purveyor of tasty beverages. It was from the Ranch Rider Spirits Co. I’m a sucker for new and interesting stuff, so of course I had to try some (it was mighty fine). A few months later, I noticed a different Ranch Water sitting beside (what I believed was) the original Ranch Water. “That’s weird.” I pondered whether Ranch

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joelcape May 5, 2023
Pesticides | Cape Law Firm
Agriculture

New Pesticides Bogged Down in Litigation, a Beer By Any Other Name and More

New Pesticides Buried in Lawsuits Over Endangered Species Act In a recent hearing before the House Ag Committee, EPA Administrator Michael Regan made it clear that the Agency has been hammered by a growing wave of lawsuits regarding its failure to include Endangered Species Act (ESA) review in its pesticide registration process. The ESA requires federal agencies such as EPA to ensure that federal government will not jeopardize a listed species or its designed critical habitat, which includes registration or review of a pesticide. But EPA has ignored ESA obligations for decades, leading to numerous lawsuits. As reported by DTN Progressive Farmer, EPA’s Office of Chemical Safety and Pollution Prevention revealed that

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joelcape April 28, 2023
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