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Plant Variety Rights Versus Plant Patents: Legal Developments and Frictions in a Regional Perspective

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Mike Ward, Otis Littlefield, Claire Bendix, and Yuhe Liu were contributing editors for an article that discusses regional...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Mike Ward, Otis Littlefield, Claire Bendix, and Yuhe Liu were contributing editors for an article that discusses regional regulatory developments in light of recent friction between plant variety rights versus plant patents. The article was published in the the International Bar Association’s Business Law International.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltaf25cad093933a65/6273ef384d9f892971291b4b/190501-regional-perspective.pdf" target="_blank">full article</a>.

Plant Variety Rights Versus Plant Patents: Legal Developments and Frictions in a Regional Perspective

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Michael (Mike) Ward is co-chair of the firm's Life Sciences + Healthcare Group, Patent Group, Intellectual Property Group, and Food + Agriculture Group.As co-chair of the Patent Group, Mike manages a team that includes 80+ Ph.D.s and 100+ attorneys and others with advanced scientific degrees in life sciences and related engineering disciplines. From small molecules and antibodies to gene editing, artificial intelligence, and machine learning, MoFo has deep experience protecting some of the most important innovations in the life sciences and food and agriculture sectors.Life SciencesFor his work across the life sciences sector, Mike was named San Francisco Biotechnology Lawyer of the Year by Best Lawyers in America in 2020 and is recommended for his patent strategy and prosecution practice in LMG Life Sciences. He also led the team that was named 2022 Patent Management and Strategy Firm of the Year at the 2022 LMG Life Sciences Americas Awards.Food + AgricultureRecognized as “one of the world’s foremost plant and agriculture IP lawyers,” Mike manages a wide range of intellectual property issues related to plants and plant products. He and his team advise clients on plant and plant utility patents; licensing agreements for plant IP; litigation in U.S. state and federal court and before the International Trade Commission; and regulatory approvals from the USDA, FDA, and EPA for gene edited and genetically engineered plants.Patent Strategy + ProsecutionMike is a Legal 500 US Hall of Fame lawyer for patent prosecution and is consistently named one of the leading IP lawyers by Managing Intellectual Property, Chambers USA and Chambers Global, and IAM Patent 1000.Mike works closely with many clients to develop and manage their patent portfolios. He helps clients identify, monitor, and assess the infringement risks of third-party patents. He also assists clients in preparing both offensive and defensive patent portfolios, with a particular emphasis on drafting patent applications that will be utilized in licensing and in litigation efforts.IP Due DiligenceFor venture capitalists seeking to invest in early- and mid-stage companies, underwriters involved in IPOs, and companies seeking to acquire or merge with other companies, Mike has managed extensive IP diligence. His work includes assessment of the strengths and weaknesses of patent portfolios, evaluation of freedom to operate issues, and strategic recommendations for maximizing the value of patent portfolios going forward.Mike also works closely with the IP Litigation Group on various litigation matters including patent interferences to determine the first-to-invent and patent re-examination work and actively participates in both mediation and arbitration proceedings on behalf of clients in the life sciences and food and agriculture areas.He is a frequent lecturer and speaker. Among numerous speaking engagements, Mike is the IP instructor at the UC Davis Licensing Academy and founded Morrison Foerster’s annual Harvard Biotechnology Club Fall Patent Law Course.Mike holds a Ph.D. in plant physiology (biochemistry) and an M.S. in agronomy from the University of California, Davis; a B.S. in biology from the University of California, Berkeley; and a J.D. from Golden Gate University School of Law. He was a post-doctoral fellow in plant molecular biology at the Harvard Medical School and the Department of Molecular Biology at Massachusetts General Hospital, where he worked on the Arabidopsis genome project.

Michael Ward

Partner

Otis focuses his practice on representing life sciences clients, including biotechnology, pharmaceutical, agricultural biotechnology, and medical device companies.He has deep experience and knowledge in two main areas: patent prosecution strategy and management and intellectual property-related business transactions. He counsels clients in life sciences-related areas for protection of products such as GM organisms and biologicals for therapy, prophylaxis, and industrial applications—antibodies, vaccines and adjuvants, cell-based applications, gene therapy, and diagnostics—that can include high-throughput screening and microarray technologies, bioinformatics, and molecular biology based technologies.His prosecution practice focuses on portfolio strategy development and implementation, management, and evaluation. Otis manages due diligence studies in connection with venture capital, private and public financing, and mergers and acquisitions.In the area of intellectual property-related business transactions, Otis has represented a variety of life sciences companies on a broad range of transactions, including:<li>In- and out-licenses</li><li>Drug discovery and development agreements</li><li>Clinical trial agreements</li><li>Manufacture and supply agreements</li><li>Multi-party consortium and intellectual property agreements</li><li>Joint research and development agreements</li><li>Commercialization agreements</li><li>Strategic joint ventures</li><li>Mergers and acquisitions</li>

Otis Littlefield

Senior Of Counsel

Since joining the firm, Claire has drafted and prosecuted patents in the field of plant biology, with a particular technical emphasis on plant traits, plant varieties, genetically engineered plants, biotechnology, and agricultural products. She has also provided support for freedom-to-operate and due diligence projects in the agricultural biotechnology space. Claire has worked with a wide range of clients, including small and large plant breeding companies, startup agricultural biotech companies, and large biotech companies.Prior to joining the firm, Claire initiated a project on the invasive citrus greening disease pathogen as a research molecular biologist at USDA-ARS. Claire received her Ph.D. in plant molecular biology from the University of California, Berkeley. Her doctoral research focused on understanding the effects of gene duplication on circadian clock regulation in cereal crop species. She obtained her bachelor’s degree in biological sciences from the University of Oxford, where she researched plant miRNAs.Claire is registered to practice before the USPTO. She is fluent in German.

Claire Bendix

Sr Patent Agent

Plant Intellectual Property

Patent Litigation