Hogan Lovells secures major win in patent dispute case

A Hogan Lovells team from New York, Washington DC, and Northern Virginia have secured a major win for BASF in a three-week jury trial in the Eastern District of Virginia.

The case was one of the largest patent disputes in the United States, involving 350 claims from 17 patents and five different patent families. The underlying technology at issue involves the ability to use plants to make health-critical omega-3 fatty acids (now primarily available through fish products). Australian entities CSIRO, Nuseed, and GRDC sought royalties through December 2034.

Hogan Lovells defeated claims involving 13 patents through successful pre-trial claim construction, and by succeeding at trial in demonstrating to the jury the invalidity of certain patents, and co-ownership of others stemming from a previous collaboration. For the four remaining patents with terms expiring in 2025, the team persuaded the court not to issue an injunction and define a royalty rate a fraction of that sought.

“We are pleased to have obtained such a strong result for BASF,” said Hogan Lovells partner Arlene Chow. “One of the interesting aspects of this case is the team that went to trial was a strongly diverse team at both the partner and associate level. In a day and age when clients say they are looking for diverse legal representation, we are pleased that BASF supports diversity in high stakes matters.”

The Hogan Lovells team included partners Arlene Chow and Ernest Yakob in New York, Anna Kurian Shaw in Washington DC, and Tom Connally in Northern Virginia. The team also included senior associates Nitya Anand and Jared Schubert, and associates Takashi Okuda and Una Fan, in New York, and associate Tom Hunt in Northern Virginia.

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