Bayer CropScience v. Pierce, et al. (E.D. Mo 2023)
Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. But, the company now primarily sells Roundup Ready 2 – Xtend seeds for soybeans and cotton. And those new lines are covered by new patents. Here, the company has asserted United States Patent Nos 9,944,945 and 7,838,729.
- The ‘729 patent has a 2007 priority date and claims plants genetically modified with a particular DNA sequence to express dicamba monooxygenase. This allows the plant to quickly catalyze and degrade the herbicide dicamba; thus allowing use of dicamba herbicide as an addition/alternative to glyphosate in the common situation involving herbicide resistant weeds.
- The ‘945 patent has a 2005 priority date and claims a transgenic soybean plant modified with a gene that confers increased glyphosate tolerance so that more glyphosate can be used without harming the soybean.
Each of the six new infringement lawsuits infringe both patent infringement as well as breach of contract for saving and planting seed down in the Missouri Bootheel.
- Bayer CropScience LP v. Robert O. Pierce, Docket No. 4:23-cv-00088 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Danny Glass, Docket No. 4:23-cv-00087 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Greg Duffy, Docket No. 4:23-cv-00086 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Caleb Duffy, Docket No. 4:23-cv-00085 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Michael Hodel, Docket No. 4:23-cv-00084 (E.D. Mo. Jan 25, 2023)
- Bayer CropScience LP v. Brian G. Irions, Docket No. 4:23-cv-00083 (E.D. Mo. Jan 25, 2023)
I expect that Bayer will easily win these cases, but we’ll see. So far, none of the farmers have lodged an appearance in court.
Night Wiper: “ The reality is that we are in the midst of a cultural revolution. The Woke are the Woke Guard like the Red Guard in China. No educated person who reads a diversity of opinions could come to a different conclusion.”
The reality is that we are in the midst of a cultural revolution. The Woke are the Woke Guard like the Red Guard in China. No educated person who reads a diversity of opinions could come to a different conclusion.”
Pointing and laughing at this senile trash bag is always the best response.
^^^ add to the spectrum:
not mentally competent in order to see
Typical of the Woke. Just defamatory statements–no substance.
Malcolm was “woke” before “woke” was a term.
I really doubt that outside of a stray point or two, that he has ever provided anything of substance.
(Note that he HAS made two posts of late that ARE on target)
Y’all gotta be kidding.
Google has massive advantages in mapping, business application services (email and documents) and they completely control the operating system of more than two-thirds of the world’s phones (Android): more than double the global share of Apple, and two thirds of the world’s Internet Browsers (Chrome).
ChatGPT popped them in the nutz, but ChatGPT will be the Netscape of the age: they showed what is possible and blew minds, but they will not be the ultimate force in the space.
Counting Google out- and thinking of them as mainly a search engine firm- at this late date is utterly m oronic.
About 90 percent of Google’s income comes from advertising from search results. But if you read my post, I don’t count them out. And lesson of ChatGPT is that this is why Google wants to end patents. Google wants to be able to steal any technology that threatens them. Google has no motive for innovation–only a motive for owning the market.
Google has enough in the bank to keep them going for years.
The other thing to think about is that the reason the government has allowed Google to have so much power is that Google likely does the bidding of the FBI/DOJ in censoring content that isn’t Woke.
Google has become an instrument of the neo-Marxist.
“…Google likely does the bidding of the FBI/DOJ in censoring content that isn’t Woke.”
And Brandon isn’t really a human, he’s a doppleganger cloned from an extraterrestrial race on an exoplanet orbiting Alpha Centauri!
OK AOC.
Liberal Left tripe of the gas-lighting Motte and Bailey variety.
“We never said…”
[shows was said]
“There is no harm…”
Wash rinse repeat.
In Q3 2022, Google’s revenue totaled $69.1 billion, of which $39.5 billion (or 57.2%) was from search ads
So maybe 57% is about 90% in some domains….I guess….
And I know Google only owns about 50,000 patents, which is tantamount to ending patents. You need at least a million patents to really care about patents.
And where would this nation be if the FBI hadn’t been obsessed with civil rights and fair treatment of all persons throughout its history?
I’ll respond to the nonsense one at a time.
(1) “In the most recently reported fiscal year, Google’s revenue amounted to 279.8 billion U.S. dollars. Google’s revenue is largely made up by advertising revenue, which amounted to 224.47 billion U.S. dollars in 2022.” So, 80%. link to statista.com
(2) Having patents (playing the game) doesn’t mean you aren’t trying to break the game. And has been pointed out to you many times many of the changes to the patent system favor large corporations. Google can use the patent to exclude small companies, so the patent still have some use.
(3) So, because the FBI did some bad things in the 60’s, then it is OK for the FBI to censor anything that doesn’t support the Ds on social media. I’d do a check of your morals if I were you. Maybe run that Woke antivirus on your brain.
(4) The tone as always is insufferable.
Once upon a time one could have cited equally impressive stats about IBM or GM. Even business giants can (and do!) fade.
Meanwhile, the recent rounds of layoffs at Google are just as solid a fact as any of the stats that you are citing. 6’s points about changes in Google’s market landscape are real.
GM’s full-year 2022 revenue was $156.7 billion, net income attributable to stockholders was $9.9 billion and EBIT-adjusted was a record $14.5 billion.
IBM annual gross profit for 2022 was $32.687B, a 3.82% increase from 2021. IBM annual gross profit for 2021 was $31.485B, a 2.01% increase from 2020.
So uhhhh
“Woke” is anything you don’t like. Demonstrate otherwise by providing ANY definition. That should be fun.
Google monetizes it’s dominating positions broadly thru advertising, but not more than 60% “search” advertising and not even direct advertising: they make money by selling information gained from their users (e.g. nearly everyone) behavior.
As with “woke”, “anti-patent” means anything you don’t like. Please show us some anti-patent sentiment expressed by anyone in authority at Google. That should be fun too.
I find M AGA nons ense utterly insufferable too, but the world is what it is. You just don’t enjoy other bl ow hards doing their thing is all.
GM used to account for over 50% of cars sold in the United States back in the 1960s. Today they account for <20% of U.S. car sales. Obviously they have not gone out of business, but they have shrunk from being the overwhelmingly dominant industry player to just one among many. That is the comparison that I was trying to make to Google. I am not suggesting that they bid fair to disappear from the scene. Just that their overwhelming market dominance is eroding (and good thing, that).
“Woke” is anything you don’t like. Demonstrate otherwise by providing ANY definition. That should be fun.
I agree. Unlike NWPA, I do not think that Google’s present troubles have anything in particular to do with “woke”ness (whatever that means). They are simply encountering the same problems that all large, successful corporations encounter at a certain phase of their existences.
>>I agree. Unlike NWPA, I do not think that Google’s present troubles have anything in particular to do with “woke”ness (whatever that means).
I never said that Google’s problems have to do with “Wokeness”. The countries problems have to do with Google’s and others’ Wokeness such as dismantling our innovation engine.
I suspect that Google will be just fine since they have dismantled the patent system and have many 10’s of billions in the bank.
I never said that Google’s problems have to do with “Wokeness”.
“Google by curating (becoming Woke) has turned a lot of people off.” Is “turning a lot of people off” not a problem for Google, in your estimation?
That’s true Dozens in terms of PR. But in terms of innovation Google’s policies help Google.
Greg, I am talking about the harm to the innovation engine and doing the government’s bidding.
Those do not harm Google, but the USA. Both of those help Google by ensuring Google can copy any innovation and by trying to ensure that the DOJ won’t come after Google under the anti-trust laws.
A spectrum:
Cannot see
Don’t want to see
Refuse to see
Hide seeing from others
RWNJ tripe of the gas-lighting Motte and Bailey variety.
“We never said…”
[shows was said]
“There is no harm…”
Wash rinse repeat.
Pot, meet Kettle.
Except not — but by all means smelly, go ahead and show differently.
It’s all projection (so much projection), but I dare say that you know this already. My apologies for preaching to the choir.
I had originally thought that smelly WAS Poopy Diaper (based on the same loss of cognitive thinking), but was persuaded to believe that this loss pretty much occurred because the subject was politics, and that smelly is not in fact Mr. Diaper.
He though seems to think that Night Writer and I are the same person.
This is clearly not the case, as even though Night Writer and I are generally pro-innovation protection, there have been a number of topics upon which we differ in our views. Immediate case in point is my difference pointed out at post 2.3.1.1.
For some reason, those with the shut-off-cognitive-reasoning of the Sprint Left crowd really do like to “one bucket” any and everyone that does not agree with them.
How tribal.
Greg, I am talking about the harm to the innovation engine and doing the government’s bidding.
Those do not harm Google, but the USA. Both of those help Google by ensuring Google can copy any innovation and by trying to ensure that the DOJ won’t come after Google under the anti-trust laws.
Nations too Dozens. There is always a high-water mark….
I am sure that is true, but the time frames (as a matter of historical evidence) tend to be different between corporations and countries. Rome (counting from its victory in the Latin wars and its consolidation of power as the preeminent military of the Italian peninsula to its fall under Odoacer) ran for ~900 years. The British East India Co. did not even make it to 300 years.
Olde timey years are modern weeks….
link to en.wikipedia.org.
Fair point.
And yet again Greg stoops to trying to hide a political hyperlink (note the red “i” in “point”).
Why is Greg doing this?
What is he hiding?
Who is he signaling?
If he wants to “celebrate” Biden’s State of the Union speech (and not sure why anyone would do that), why in the world be so circumspect about it?
Again, this video provides a definition of Woke. I guess you can keep ignoring the fact that there is a well-defined definition of Woke and I keep posting sources for the definition.
link to youtube.com
Martin, my guess is that you imagine yourself an elite and thus immune from the totalitarian rule that is Woke.
I’ve posted links of videos before that define Woke. Woke is pretty clearly a prelude to a form of government like the CCP has. The big tech like Google censoring posts is a clear violation of our First Amendment rights given section 230. And the FBI censoring posts and people on social media is unconstitutional.
Anyway, you have the Woke virus. Read some books about the cultural revolution in China. You will wake up one day and realize that you had become a communist and be ashamed of yourself.
Stop listening to corporate media. Read or re-read some of the founding documents of this country.
Some days I wonder if this really was a work of fiction. It is hard to believe that there are folks who believe the tripe like #3.2.1.2 except in a world with algorithmic “scissors.”
Greg, I can’t believe the opinions you express in 3.2.1.2.1 are actually held by people.
Go to reality. Censoring free speech by the government is unconstitutional. It is against the most important principle of the USA. Just stick to that one issue. Tell us how you think it is OK for the FBI to censor accounts on Twitter and most likely Google.
Greg, it is disingenuous to suggest that there aren’t many great scholars that are saying the same thing I am. People like Pinker and Peterson.
… and Greg is definitely in the “hide seeing from others” part of the spectrum.
“The big tech like Google censoring posts is a clear violation of our First Amendment rights given section 230.”
It’s literally impossible for me to believe that you are an actual lawyer.
NWPA and crowd that don’t like google will be happy to know that at least two major factors are affecting google’s ability to stay on top and make $$$ from ads etc . First, the internet is changing to a walled garden map where a whole lot of the online content is no longer accessible to the google search query algos (that is, it is inside facebook’s garden, or apple’s garden or insta’s garden etc. where searching is not allowed via google). Second, and this is preliminary reports, chatgpt apparently is now doing better searches than google at a whole lot of things and spitting it out AI style. So, google’s days of dominance may be limited after all.
I think that this is all true, but the reality is even bigger. Folks used to talk about FAANG (Facebook, Apple, Amazon, Netflix, & Google) as a sort of synecdoche for the efficient infringement mindset. Now all three of the non-As in that synecdoche are cutting staff amid starkly falling revenues as the tech landscape shifts underneath them. As a bogeyman, FAANG is not going to be around much longer.
All hands on deck,
I love the word “synecdoche”. link to en.wikipedia.org
I was impressed too. Excellent word. If I am not mistaken though, it was used back in 1990 to categorize the helical spring of the depilator which was the subject of the landmark English DoE case of Improver v. Remington. At the time, a lot of followers (including me) were much taken with it.
But perhaps the English judge got the idea of using the word from following patent decisions in the USA. Who knows?
“mindset” is to actuality as “ANTIFA” is just to an idea.
In essence, this type of word play that attempts to MIS portray reality should be shunned.
Liking the word is a bit of “0h, shiny” distraction — don’t fall for it.
Mind you, none of the disruption coming to Google & al. has much to do with NW’s complaint about bias in their moderation policies. Rather, it is just the same old story of a business growing so large that it cannot adapt quickly enough to changes in the market landscape. Worries that changes to the U.S. patent system would decelerate innovation in a manner that would choke off disruption have been somewhat exaggerated, it would seem.
The “What me worry Alfred E Neuman” award goes to Greg “Dozens” DeLassus.
Google has paid for most of the anti-patent legislation and the anti-patent judges and professors.
I am not sure what is going to come of FAANG. Certainly, there are lots of new pressures. Google by curating (becoming Woke) has turned a lot of people off. I think there are a lot of people that still use Google but are rooting for it to fall because we are not neo-Marxists. Google has enough cash to last for many years and to wait out whatever happens and then just take it–the whole point of dismantling the patent system.
Those of us that believe in the Constitution want a forum where free speech is respected and search results aren’t curated to satisfy the Democratic party. We don’t really know how bad Google is. We should expect that they have been just as bad as twitter.
I don’t think chatgpt is nearly as good as people think. Reminds me of a program that was written back in the late 70’s as a therapist program. People read all sorts of intelligence into a program that was a couple of hundred of lines of code.
I am not sure how it will play out. But I am sure that Google has done enormous harm to their reputation by Woke curation, which appears to be continuing. Synecdoche is a cool word.
I am sure that innovation has been harmed by crippling the patent system. I am also sure that companies like Google desperately want to cripple the patent system further to ensure their continued existence.
The AI is getting a lot better. And it is going to continue to get a lot better than it is now.
The reality is that we are in the midst of a cultural revolution. The Woke are the Woke Guard like the Red Guard in China. No educated person who reads a diversity of opinions could come to a different conclusion.
The elite are advocating a society like China’s. The NY Times has articles that shill for social credit system and big tech like google are essentially state actors pushing for social credit and censorship. We are in the midst of a full blown revolution.
At the same time I will not dent the existence of the battle (like Greg and his ilk), my view is that we are not (yet) at a full blown stage.
In fact, Canada while also not there, is closer.
We may yet avoid the full blown stage especially if we can defuse the attempts at polarization (for example, recognizing that the traditional liberals are also against the Woke).
Damm autocorrect —“dent” => “”deny”
“… and big tech like google are essentially state actors…”
Imagine claiming to be an actual lawyer and spouting nonsense like this.
Really? Image criticizing someone else’s post and not knowing any of the facts. Have you kept up with the twitter files? We should assume that Google has been at least as bad as twitter.
The twitter files?! Wow, your tinfoil hat is screwed on really tight.
The “What me worry Alfred E Neuman” award goes to (smelly) Breeze.
could they obtain relief for both their patent and contract claims? I supposed the breach just shows that there was no patent license to save seeds. but could the breach by itself trigger damages?
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