A federal judge in Delaware has ordered Bayer Crop Science to pay Dow AgroSciences nearly $6 million for attorney fees incurred by its lawyers at Orrick, Herrington & Sutcliffe in a patent dispute over genetically modified soybean seeds. In a decision published Thursday, U.S. District Judge Renee Marie Bumb adopted a magistrate’s December recommendation that Bayer pay Dow’s fees, finding that Bayer’s suit against Dow was without merit. Dow won a summary judgment last October. The fee award may be the largest award for this type of litigation since the Supreme Court increased the penalties for meritless patent suits last year.
Dow’s team was led by Orrick’s Peter Bicks. Bayer was represented by Milbank, Tweed, Hadley & McCloy.
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