Following the 2017 jury verdict, the district court entered a permanent injunction against Willowood’s U.S. entity. Syngenta appealed other rulings in which the district court had sided with Willowood, including the product-labeling copyright issues and Syngenta's claims of infringement of another patent, the "'138 Patent," which infringement claims relied on Section 271(g) of the Patent Act. The Federal Circuit ruled for Syngenta on December 18, 2019.

Kirkland prevailed on the copyright issue, despite a statement of interest filed by the U.S. government that supported Willowood’s position. The Firm also succeeded on an issue of first impression with respect to the patent statute issue on appeal, when the Federal Circuit found that the district court erred by imposing a single-entity requirement under Section 271(g). These Federal Circuit rulings allow Syngenta to proceed with its copyright claims before the district court and to seek damages for infringement of its “'138 Patent.” Both of these rulings also serve as key precedent for future copyright lawsuits involving pesticide labels and for future patent lawsuits based on Section 271(g).

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Kirkland Achieves Federal Circuit Victory for Syngenta in Patent and Copyright Case

Kirkland Achieves Federal Circuit Victory for Syngenta in Patent and Copyright Case