IP enforcement is serious business.

 

Watley Seed Company v. Bronco Seed Company, et al., N.D. Tex. Case No. 1:10CV-271-C – Secured Consent Judgments and settlement agreemens for PVP infringement claims totaling $616,000 against 17 Texas defendants engaged in the sale, purchase, or conditioning of proprietary TAM 112 hard red winter wheat seed. The case began against two producers and a seed conditioner, but in the course of discovery it was determined the seed conditioner facilitated a far larger network of unauthorized activity in a local community.

 Syngenta Seeds, Inc. v. Taylor, et al., W.D. Ok. Case No. 5:11CV-01081 - Obtained settlement for PVP infringement by Oklahoma defendants.

 Syngenta Seeds, Inc. v. Elmore, et al., N.D. Tex. Case No. 2:11-cv-00189 – Obtained settlement of PVP infringement case against a Texas defendant involved in unauthorized purchases, uses, and/or sales of plaintiff’s federally protected wheat varieties.

 Syngenta Seeds, Inc. and Garst Seed Co. v. Hartwell, et al., N.D. Tex. Case No. 2:10CV-219 - Obtained consent judgments and settlements of PVP infringement claims worth $200,000 against Texas defendants, including a local seed conditioner.

 Syngenta Seeds, Inc. v. Hering and Willberg, W.D. Tex. Case No. 6:11-cv-260 – Settled PVP case concerning proprietary wheat seed in the amount of $28,500.

 South Dakota Board of Regents v. Nachtigal, et al., S. Dak. Case No. 10-4168 – Resolved PVP infringement claims against a South Dakota seed company for payment to the plaintiff of $75,000.

 BASF v. Miller – Resolved patent infringement claim against an Oklahoma defendant with settlement in the amount of $75,000.

Board of Regents of the University of Nebraska v. Tusha Ag., Inc. – Settled PVP infringement case concerning PVP protected Overland wheat seed and other provisions relating to future proper conduct.

 UNL Technology Development Corp. and Board of Regent of the University of Nebraska v. Voichahoske, Besten, Dakota’s Best Seed, et al., Neb. Case No. 4:11-CV-03147 – Obtained consent judgment against PVP infringing defendant.  Total settlement was for $75,000.

 North Dakota State University Research Foundation v. Maus – Obtained settlement via Mutual Release Agreement in PVP infringement case concerning proprietary Alsen variety wheat seed.

 Pennington Seed, Inc. and Grasslanz Technology Ltd. v. Hartzell, W.D. Mo. Case No. 6:11-cv-03311 – Obtained $100,000 Consent Judgment against Missouri defendant who infringed upon plaintiffs’ patented tall fescue grass seed technology.  The defendant had planted, harvested, and resold the progeny without authority.

Watley Seed v. Richard Flax, Arlen Flax, Dean Gottschalk, Leland Werth, August Herman, Jr., John Fischer, and Golden Belt Cooperative, - Represented Watley Seed Company in PVPA suit in Kansas federal courts to successful conclusion.

South Dakota State University v. Dale Zemlicka, - Advanced PVPA suit for University to successful conclusion.

South Dakota State University v. John Coughlin, - Advanced PVPA suit for University for unauthorized farmer-to-farmer transfer of PVP protected wheat seed.

South Dakota State University v. Jim Hauge, - Advanced PVPA suit for farmer-to-farmer transfer of PVP protected wheat seed.

Kansas Wheat Alliance v. Riffel Farms, - Advanced PVPA suit for farmer-to-farmer transfer of PVP protected wheat seed.  Total amount of settlement was $300,000.

David E. Jones v. S.A. Walls, et al., N.D. Okla. Case No. 07-CV-107-GKF-PJC - Defended patent infringement claims with original demand against our client of $16,000,000.  In connection with a multi-day jury trial, we invalidated the underlying patent using admissions of Jones while on the stand.  On directed verdict, the Court made specific factual finding of inequitable conduct on the part of the patent holder and invalidity pursuant to Secs. 102 and 103.  After situating counterclaims following directed verdict, pursuant to theory of Handgards and Walker-Process anti-trust liability, Jones settled in our client's favor by executing a consent judgment of $200,000 payable to our client, S.A. Walls.

Kansas Wheat Alliance, Inc., Kansas State University Research Foundation, and Westbred, LLC v. Riffel Farms, Inc., District of Kansas, Case No. 6:09-cv-01121-MLB-DWB - Obtained judgment against parties involved in substantial infringement of PVPA protected rights as owned by the Kansas State Research Foundation in this  PVPA infringement case.

Syngenta Seeds and Garst Seed Company Inc. v. RFE, Inc. d/b/a Agri Products, Inc., E.D. Okla. Case No. CIV-07-313-FHS - Secured settlement following institution of litigation over infringement of PVP rights.

AgriPro Wheat v. Vache, W.D. Okla., Case No. 5:07-CV-0175-T - Entered judgment against seedsman for unauthorized use of PVP protected wheat in western Oklahoma.  Executed upon full judgment amount of $50,000 following noncompliance with the injunctive terms of the judgment.

Baker Seed Company v. Turf Merchants and Seeds, Inc., District Court, Eugene, Oregon, Case No. 6:07-CV-6206-HO - secured three-party settlement for unauthorized use of proprietary Barracuda variety of redtop bentgrass for small seed company developer of the technology.

Rotoworks Int'l Ltd. v. Grassworks USA, LLC, W.D. Ark. Case No. 5:07-CV-5009 - Obtained a preliminary injunction and a substantial jury verdict against the exclusive U.S. distributor of a New Zealand agricultural implement for engaging in a bait-and-switch operation in this trademark infringement case.  Later, a jury returned $375,000 for intentional trademark infringement and the Court additionally awarded $191,699 in attorneys' fees.

Sobba v. Elmen, E.D. Ark. Case No. 4:06-CV-00941 - Defended derivative claims of trademark infringement against a corporation's largest shareholder, resulting in the denial of a motion for preliminary injunction.

Colorado Wheat Research Foundation, Inc. v. Kelly, D. Colo. Case No. 06-CV-0-2304 - In the first prosecution stemming from our sponsorship of FYI, we stopped a farmer from undercutting the market for two PVP-protected seed varieties developed using public funds at a state university.

AgriPro Wheat v. Jessen, D. Neb. Case No. 8:06-CV-697 - Secured a substantial PVP infringement judgment in Nebraska.

AgriPro Wheat v. LB Grain, Inc., D. Minn. Case No. 06-CV-4721 - Procured judgment for PVP infringement in Minnesota.

Douglass King Co. v. K-AG, Inc., W.D. Tex. Case No. SA-06-CV-00100 - Settled PVP infringement lawsuit against multiple parties in Texas.

Jose', Inc. v. Specialty Brands, L.P., 5:06-CV-05034 - Sought declarative relief in federal court and in the Trademark Trial and Appeals Board in response to threats of legal action against our client, who had been using the trademark in question for over twenty-five years.

Pennington Seed, Inc. v. Anderson, W.D. Mo. Case No. 4:06-CV-00564 - Obtained judgment in patent infringement case against Missouri defendant involving patent rights covering non-toxic endophytes in tall fescue.

Porter v. Ark. Game and Fish Found., W.D. Ark. Case No. 2:05-CV-02168 - Provided redress for the unauthorized use of our client's photograph in a publication distributed to hundreds of thousands of viewers.

Syngenta Seeds Inc v. Jacobs, W.D. Okla. Case No. 5:05-CV-01245 - Settled claims of PVP infringement against Oklahoma defendant.

Johnston Seed Co. v. Seeds West Inc., W.D. Okla. Case No. 5:05-CV-00768 - Defended PVP infringement action from claims made against turfgrass distributor in Oklahoma.

Burt v. S. Farm Bureau Mut. Ins. Co., Franklin Co., Ark. Case No. CV-2005-21-1 - Received declaratory judgment against insurance company for failure to provide coverage of farm products liability claims.

Edwards v. Burt, Franklin Co., Ark. Case No. CV-2004-22-1 - Defended product liability and breach of warranty claims of aflatoxin contamination in corn.

Stiles v. Burt, Franklin Co., Ark. Case No. CV-2004-10-4 - Defended product liability and breach of warranty claims of aflatoxin contamination in corn.

BASF v. Arnold, E.D. Ark. Case No. 3:04-CV-0311 - Secured multi-million dollar willful patent infringement judgment against more than twenty co-defendants in a case involving patented traits in rice seed.

Dark v. Crescent Hotel and Spa, Inc., W.D. Ark. Case No. 5:04-CV-05153 - Obtained relief for our photographer client, whose image of a hotel was used on a website without permission.

Big Dog Logistics v. Alpha Trans. Serv., Inc., Benton Co., Ark. Case No. 2004-69130-7 - Enforced a substantial judgment for theft of trade secrets.

Little Rock Foot Clinic v. Travelers Indemnity Ins. Co., E.D. Ark. Case No. 4:04-cv-00214 and Little Rock Foot Clinic v. St Paul Fire & Cas. Ins. Co., 4:04-CV-00215 - Sought declarative relief for coverage of intellectual property claims under business liability policy.

Advanta USA Inc. v. Musick, W.D. Okla. No. 5:04-CV-00230 - Secured judgment against Oklahoma defendant on claims of PVP infringement.

Advanta USA Inc. v. Dumas Co-op Elevators, N.D. Tex. No. 2:04-CV-00048 - Settled case against Texas cooperative on PVP infringement claims.

Advanta USA Inc. v. Tillman Producers Coop., W.D. Okla. Case No. 5:04-CV-00229 - Settled PVP infringement case against Oklahoma cooperative.

Pennington Seed, Inc. v. Produce Exchange No. 299, W.D. Mo. Case No. 2:04-CV-04194 - Settled a patent infringement lawsuit against distributors whose fescue product allegedly infringed patent rights covering non-toxic endophytes in tall fescue owned by our client.

Pioneer Hi-Bred Int'l v. Zinser, E.D. Ark. Case No. 4:03-CV-00285 - Settled PVP infringement claims against Arkansas defendant.

Cytomedix Inc. v. Landmark Healthcare, E.D. Ark. Case No. 4:03-CV-00387 - Defended patent infringement claims over medical device.

Syngenta Seeds, Inc. v. Stuttgart Seed Co., E.D. Ark. Case No. 5:03-CV-00221 - Won jury verdict following two-week trial for PVP infringement of multiple protected wheat varieties against multiple Arkansas defendants.

Pioneer Hi-Bred Int'l v. Porter Seeds, E.D. Ark. Case No. 2:03-CV-00057 - Settled PVP infringement claims against a defendant in Arkansas.

Syngenta Seeds, Inc. v. El Dorado Chemical Co., W.D. Ark. Case No. 03-CV-1152 - Settled PVP infringement case against multi-state defendants in Arkansas and Texas.

Syngenta Seeds, Inc. v. MBS Seed Ltd., E.D. Tex. Case No. 4:03-CV-00359 - Settled PVP infringement case against Texas and Missouri defendants.

Fawcett v. Davison, E.D. Ark. Case No. 4:02-CV-00047 - Sued invention marketing company for fraud and loss of inventor's patent rights on claims of failing to provide adequate disclosure of statutory deadline for filing patent application.

Syngenta Seeds, Inc. v. Larkan, 4:02-CV-00575 - Secured judgment against Arkansas defendants for PVP infringement of protected wheat varieties.

Syngenta Seeds, Inc. v. Tichnor Drier, E.D. Ark. Case No. 5:02-CV-00335 - Obtained judgment against Arkansas defendant for PVP infringement.

Syngenta Seeds, Inc. v. Jay Farming, Inc., E.D. Ark. Case No. 2:02-CV-00130 - Settled PVP infringement claims against a seed cleaner found to be conditioning protected seed varieties.

Syngenta Seeds, Inc. v. Prairie Farmers Association, Inc., E.D. Ark. Case No. 4-02-CV-00575 - Secured judgment against a grain facility for unlawfully selling seed varieties in violation of our client's PVP rights.

Luis-Avalos v. Garcia, W.D. Ark. Case No. 5:02-CV-05132 - Obtained a verdict for treble damages owing to intentional trademark infringement after a trial conducted in Spanish.

Pfizer Inc. v. Williams, 4:01-CV-00210 - Defended trademark infringement case against claims brought by multinational pharmaceutical conglomerate.

Cotter v. Christus Gardens Inc., E.D. Ark. Case No. 4:01-CV-00322 - Pursued copyright infringement claims against defendant who made slight modification to sculpture previously found to be infringing.

Hacker v. Equity Broadcasting Corp., 4:00-CV-00115 - Asserted copyright infringement claims for photographer client against national media outlet.