This case was last updated from PACER on 05/11/2021 at 10:25:32 (UTC).

Bayer CropScience LP et al v. Willis

Case Summary

On March 12, 2021, Bayer CropScience LP and Monsanto Technology LLC (collectively referred to as “Bayer CropScience” or “Plaintiffs”), represented by Nicole Leigh Williams of Thompson Coburn LLP filed an intellectual property lawsuit against Teddy Willis (“Willis” or “Defendant”), seeking injunctive relief, damages among other reliefs for allegedly infringing Bayer CropScience’s intellectual property relating to cotton seed technology. This case was filed in U.S. District Court in the Northern District of Texas with Judge James W. Hendrix presiding. 

 

The Plaintiffs alleged that the Defendant had infringed one or more claims under United States Patent Numbers 7,223,907 entitled “Cotton event MON15985 and compositions and methods for detection thereof.” (“the ’907 patent”), 7,381,861 entitled “Cotton event MON 88913 and compositions and methods for detection thereof.” (“the ’861 patent”) and 8,420,888 entitled “Chloroplast transit peptides for efficient targeting of DMO and uses thereof.” (“the ’888 patent”) (collectively “Patents-in-Suit”) owned by the Plaintiffs. 

 

Plaintiffs in their complaint alleged that “Defendant knowingly, intentionally, and willfully committed patent infringement by making, using, offering to sell, and/or selling cotton seed with Bayer CropScience’s patented technology, including its Bollgard II® and/or XtendFlexTM cotton seed technology. This infringing cotton seed made, used, offered for sale, and/or sold by Defendant, without authorization from Bayer CropScience, was saved from harvesting such cotton seed planted in prior years. Defendant further induced and contributed to patent infringement by selling this infringing cotton seed to other farmers—or delinting such cotton seed for other farmers for them to plant—without authorization from Bayer CropScience.”

 

Plaintiffs further alleged that “Defendant previously signed a TSA in 1999 providing him with a license to purchase and use some of Bayer CropScience’s technologies pursuant to that license. That license, however, was terminated in or around 2010. Willis, therefore, fully understood the need to have a license from Bayer CropScience before using, selling, or offering to sell seed with Bayer CropScience’s technology. Willis has never had a license to sell or offer for sale seed containing Bayer CropScience’s patented traits. Defendant obtained from one or more farmers (or agreed to sell on behalf of one or more farmers) specific varieties of caught seed that Defendant knew were covered by Bayer CropScience’s patents for the purposes of delinting and selling such infringing seed. Thus, Defendant also induced and contributed to patent infringement by other farmers in the farming community.” and even further that “Defendant knowingly, intentionally, and willfully committed patent infringement by making, using, offering to sell, or selling seed with the patented Bollgard II® and/or XtendFlexTM cotton seed technology (which was saved from a harvest of cotton with these patented technologies) without authorization from Bayer CropScience. Defendant also induced and contributed to patent infringement by others.” 

 

Three claims for relief laid down by the Plaintiffs are for the alleged infringement of one or more claims of the ’907 patent, the ’861 patent and the ’888 patent. 

 

 In the prayer for relief, Plaintiffs has requested the court to pass an order that Defendant has directly or indirectly infringed the Patents-in-Suit, award Plaintiffs damages which should be trebled pursuant to 35 U.S.C. § 284. Plaintiffs further requested the court to grant preliminary and permanent injunction against Defendant from future alleged infringement of Patents-in-Suit along with costs of litigation.  

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00070

  • Filing Date:

    03/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

James Wesley Hendrix

 

Party Details

Plaintiffs

Monsanto Technology LLC

Bayer CropScience LP

Defendant

Teddy Willis

Attorney/Law Firm Details

Plaintiff Attorneys

Nicole Leigh Williams

Attorney at Thompson Coburn LLP

2100 Ross Avenue, Suite 600

Dallas, TX 75201

Daniel Christopher Cox

Attorney at Thompson Coburn LLP

505 N 7Th St, Suite 2600

St Louis, MO 63101

Jeffrey Allen Masson

Attorney at Thompson Coburn LLP

505 N 7Th St, Suite 2600

St Louis, MO 63101

Matthew S Bober

Attorney at Thompson Coburn LLP

505 N 7Th St, Suite 2600

St Louis, MO 63101

Defendant Attorney

Jeff L Todd

Attorney at McAfee & Taft A Professional Corporation

Two Leadership Square, 211 N Robinson 10Th Floor

Oklahoma City, OK 73102

 

Court Documents

#18

#17

#16

15 #1

Proposed Order

#15

#14

#13

11 #2

Proposed Order

#11

10 #2

Proposed Order

10 #1

Exhibit(s) Certificate of Good Standing

9 #1

Exhibit(s) Certificate of Good Standing

#9

1 #4

Cover Sheet

1 #3

Exhibit(s) C

1 #2

Exhibit(s) B

1 #1

Exhibit(s) A

#1

24 More Documents Available
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Docket Entries

  • 05/05/2021
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  • Docket(#18) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Teddy Willis. (Todd, Jeff) (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#17) ANSWER to #1 Complaint,,,,, filed by Teddy Willis. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Todd, Jeff) (Entered: 05/05/2021)

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  • 04/16/2021
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  • Docket(#16) ORDER granting #15 Defendant's Unopposed Motion for Leave to Appear Without Designating Local Counsel. For the reasons stated in the motion, the motion is granted. (Ordered by Judge James Wesley Hendrix on 4/16/2021) (zzm) (Entered: 04/16/2021)

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  • 04/15/2021
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  • Docket(#15) MOTION Leave to Appear Without Designating Local Counsel re #13 Order Setting Deadline/Hearing, filed by Teddy Willis (Attachments: #1 Proposed Order) (Todd, Jeff) (Entered: 04/15/2021)

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  • 04/06/2021
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  • Docket(#14) ORDER granting #9 , Application for Admission Pro Hac Vice of Daniel C. Cox, #10 Application for Admission Pro Hac Vice of Jeffrey A. Masson, and #11 Application for Admission Pro Hac Vice of Matthew S. Bober. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 4/6/2021) (zzm) (Entered: 04/06/2021)

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  • 04/02/2021
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  • Docket(#13) ORDER: The Court, having reviewed the docket in this case, notes that Teddy Willis is not in compliance with the local-counsel requirement set out by this Court's Local Civil Rules. Teddy Willis is therefore ordered to obtain local counsel or file a motion to proceed without local counsel by April 16, 2021. (Ordered by Judge James Wesley Hendrix on 4/2/2021) (zzm) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#12) ORDER GRANTING DEFENDANT'S MOTION TO EXTEND THE DEADLINE TO FILE A RESPONSIVE PLEADING. The Court grants #7 Motion for Extension of Time for Defendant to file His Responsive Pleading. Willis shall file an answer or other response to plaintiff's complaint by May 5, 2021. (Ordered by Judge James Wesley Hendrix on 4/2/2021) (zzm) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#11) Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew S. Bober (Filing fee $100; Receipt number 0539-11760457) filed by Bayer CropScience LP, Monsanto Technology LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Williams, Nicole) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#10) Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey A. Masson (Filing fee $100; Receipt number 0539-11760436) filed by Bayer CropScience LP, Monsanto Technology LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Williams, Nicole) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#9) Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel C. Cox (Filing fee $100; Receipt number 0539-11760312) filed by Bayer CropScience LP, Monsanto Technology LLC (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Williams, Nicole) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#8) SUMMONS Returned Executed as to Teddy Willis ; served on 3/15/2021. (Williams, Nicole) (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#7) Unopposed Motion for Extension of Time to File Answer filed by Teddy Willis (Attachments: #1 Proposed Order) (Todd, Jeff) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Jeff L Todd on behalf of Teddy Willis. (Filer confirms contact info in ECF is current.) (Todd, Jeff) (Entered: 04/01/2021)

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  • 03/15/2021
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  • Docket(#5) SUMMONS ISSUED as to Teddy Willis. (zzm) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#4) REPORT TO PATENT/TRADEMARK OFFICE OF INITIATING DOCUMENT. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (zzm) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#3) NEW CASE NOTES: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (zzm) (Entered: 03/15/2021)

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  • 03/12/2021
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  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bayer CropScience LP, Monsanto Technology LLC identifying Corporate Parent/Other Affiliate Monsanto Company, Corporate Parent/Other Affiliate Bayer AG for Monsanto Technology LLC; Corporate Parent/Other Affiliate Bayer AG for Bayer CropScience LP. (Williams, Nicole) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#1) COMPLAINT against Teddy Willis filed by Bayer CropScience LP, Monsanto Technology LLC. (Filing fee $402; Receipt number 0539-11692033) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Cover Sheet) (Williams, Nicole) (Entered: 03/12/2021)

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