Patent Licencing Solicitors

Organic farmers garner more support in legal battle with Monsanto

The list of plaintiffs engaged in an ambitious lawsuit against Monsanto – the chemical company turned biotech/seed firm – just grew. The case has profound implications for farmers across the United States and the world, but you probably haven't heard about it.

In March, the Public Patent Foundation (PubPat), a not-for-profit legal services organization dedicated to protecting the public's interest in the patenting system, filed suit against Monsanto on behalf of 60 organic farmers and a bevy of agricultural organizations seeking assurance from the biotech giant that it would not sue if their patented genes were found to have contaminated the farmers' crops.

The case is the first of its kind and a necessary one for farmers who, without legal protections otherwise, operate under a pervasive fear that Monsanto will target them next with a patent infringement lawsuit. Monsanto has a history of suing organic or conventional farmers who have no contract with the company, and yet who've been found to unwittingly harbor crops with patented genes on their land. Yes, thanks to a 2002 Supreme Court decision, whose majority opinion was authored by ex Monsanto Lawyer Clarence Thomas, the issuing of utility patents for lifeforms has been permitted to continue unabated. That ruling was based on the landmark Diamond v. Chakrabarty Supreme Court decision of 1980 in which the U.S. Patent and Trademark Office was forced to administer exceptionally broad licensing allowances for individuals and corporations seeking to patent living organisms.

The operative part of the majority opinion in J.E.M. Ag Supply v. Pioneer Hi-Bred International reads as such:

As this Court recognized over 20 years ago in Chakrabarty, 447 U.S. at 308, the language of [35 U.S.C.] x 101 is extremely broad. ‘‘In choosing such expansive terms as ‘manufacture’ and ‘composition of matter,’modified by the comprehensive ‘any,’ Congress plainly contemplated that the patent laws would be given wide scope.’’ Ibid. This Court thus concluded in Chakrabarty that living things were patentable under x 101, and held that a man-made microorganism fell within the scope of the statute. As Congress recognized, ‘‘the relevant distinction was not between living and inanimate things, but between products of nature, whether living or not, and human-made inventions.’’ Id. at 313.

“Rockstar Lawyer” Pamela Deese Talks Licensing Your Brand in The ...

I knew I would miss the seminar on “Licensing Your Brand in The International Market” because my flight would arrive in Las Vegas (Vegas) after the scheduled time for the seminar. Nevertheless, I had prepared to make up for that with an interview I secured with one of the speakers who would present, Attorney Pamela Deese (“Deese” or “Ms Deese”). Deese was no ordinary lawyer. Both in my book and the legal profession’s she is more like a “Rockstar lawyer.”

Who is Pamela Deese and What Makes Her a “Rockstar Lawyer” in My Book?

Deese is a partner in the intellectual property group of Arent Fox LLP in the New York Office. Her practice focuses on intellectual property licensing, brand management, sweepstakes and advertising. She has represented some of the biggest brands in the USA, she is a celebrated author, a speaker and has also received numerous recognitions for her outstanding work in the legal field. An excerpt from her law firm’s website is instructive of her many accomplishments:

I was looking forward to my interview with her!

A little over 4:30pm, the time finally arrived for our interview which was held at the Four Seasons Hotel here in Vegas. I didn’t know what to expect as I had never met Ms. Deese before. But, when she finally arrived, I was pleasantly surprised. Standing at approximately 5ft 10in Deese had an impeccable sense of style, you know the elegant, sophisticated, timeless yet relevant style? Her personal brand “spoke to me” as it stated in unequivocal terms, “I am a woman who has been there, done that and I am not afraid to be myself.” Being herself meant she exuded such confidence, certainty, spoke with wisdom and when she discussed the law, her voice was laced with passion and care. I took it in and drank it all up! Amazing!

What Did We Discuss That Can Help You As You Consider Licensing Your Brand Internationally?

Deese focused on risk reduction when licensing your brand internationally, both from the licensor and licensee perspective. The gist of what we discussed:

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