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Westlaw News

Court affirms $456 million award for Bayer in Dow patent fight

A federal appeals court has affirmed an arbitration tribunal’s order that Dow Chemical Co’s agricultural subsidiary pay $456 million for violating a patent licensing agreement with a rival Bayer AG unit.

The U.S. Court of Appeals for the Federal Circuit ruled on Wednesday that there was no basis for setting aside the award, which was rendered by a panel of International Chamber of Commerce (ICC) arbitrators. Dow AgroSciences had argued the decision was based on a flawed understanding of U.S. patent law.

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