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Gene Editing Tools Add New IP and Regulatory Considerations as They Revolutionize Plant Science

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Meghan Poon, Mike Ward, and Bill Tarantino spoke with Eric Schmid of St. Louis Magazine following the IP Plant Seminar in St....

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Meghan Poon, Mike Ward, and Bill Tarantino spoke with Eric Schmid of St. Louis Magazine following the <a href="https://www.mofo.com/resources/events/260224-plant-ip-seminar-social">IP Plant Seminar</a> in St. Louis on February 24, 2026. They discuss how gene editing technologies like CRISPR are transforming plant science while introducing complex intellectual property and regulatory challenges.Topics discussed include: the rapid pace of innovation, increasing patent risks, and the importance of early IP protection to avoid losing rights. They emphasize “freedom to operate” as critical for startups seeking investment. The piece also contrasts regulatory approaches, noting that U.S. policies are more permissive than Europe’s evolving framework. Overall, gene editing offers significant agricultural benefits, including improved resilience and sustainability, but requires careful navigation of legal and regulatory landscapes.Read the <a href="https://www.stlmag.com/business/gene-editing-ip-and-regulation-considerations/?_hsenc=p2ANqtz--5HBYvkXX0OObSx6C-Oi1ZjO9e5CDm7wUOAG97SWiGOZ0hc_eX1TPQpocGqAaX-Va32r8ZsEGW4_5nfPk0rVY5J3HwxvGT178eYH-FKEFX29BLvgE" target="_blank">full article</a>.

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As chair of the biotechnology group and a member of the firm’s food and agriculture steering committee, Dr. Meghan Poon counsels clients on patent preparation and prosecution, portfolio strategy, and IP due diligence in the areas of life science and agriculture. Meghan is passionate about working with cutting edge technologies at the frontier or science that impacts human health and global food security. She has significant experience in diverse technologies including antibodies, cell and gene therapies, diagnostics, and gene edited plants. Meghan manages a cross-technology team to service clients developing technology at the interface of life science and AI.Meghan represents clients ranging from large international pharmaceutical companies to midsized companies, startups, and universities. She has filed numerous Patent Term Extension applications to secure additional term for her clients’ patents which cover FDA approved products. In addition, Meghan has extensive experience addressing complex obviousness-double patenting and subject matter eligibility issues impacting her clients’ patent portfolios. Meghan also represents clients in both investor side and target side due diligence in deals from seed funding to initial public offerings.Meghan is a thought leader on intellectual property issues facing pharmaceutical, biotechnology, and agriculture companies and is sought after to speak at events and publish on these issues. Meghan has written numerous articles on the topics of patents vs. trade secrets, subject matter edibility, written description and enablement in life sciences. Meghan is editor of the MoFo Life Sciences Blog, where she directs content.Prior to law school, Meghan earned her PhD in biological chemistry based at the University of California, Los Angeles. Meghan’s Ph.D. work focused on analysis of protein-protein and protein-DNA interactions of site-specific recombinases. Meghan is the author of several scientific publications and has presented her research at international conferences.Meghan received her J.D. from the University of Southern California Law School and spent a year as a visiting student at Santa Clara University, where she focused on intellectual property.

Meghan Poon

Partner

Michael (Mike) Ward is co-chair of the firm's Life Sciences + Healthcare Group and Food + Agriculture Group.Life SciencesFor his work across the life sciences sector, Mike was named San Francisco Biotechnology Lawyer of the Year by Best Lawyers in America in 2020 and is recommended for his patent strategy and prosecution practice in LMG Life Sciences. He also led the team that was named 2022 Patent Management and Strategy Firm of the Year at the 2022 LMG Life Sciences Americas Awards.Food + AgricultureRecognized as “one of the world’s foremost plant and agriculture IP lawyers,” Mike manages a wide range of intellectual property issues related to plants and plant products. He and his team advise clients on plant and plant utility patents; licensing agreements for plant IP; litigation in U.S. state and federal court and before the International Trade Commission; and regulatory approvals from the USDA, FDA, and EPA for gene edited and genetically engineered plants.Patent Strategy + ProsecutionMike is a Legal 500 US Hall of Fame lawyer for patent prosecution and is consistently named one of the leading IP lawyers by Managing Intellectual Property, Chambers USA and Chambers Global, and IAM Patent 1000.Mike works closely with many clients to develop and manage their patent portfolios. He helps clients identify, monitor, and assess the infringement risks of third-party patents. He also assists clients in preparing both offensive and defensive patent portfolios, with a particular emphasis on drafting patent applications that will be utilized in licensing and in litigation efforts.IP Due DiligenceFor venture capitalists seeking to invest in early- and mid-stage companies, underwriters involved in IPOs, and companies seeking to acquire or merge with other companies, Mike has managed extensive IP diligence. His work includes assessment of the strengths and weaknesses of patent portfolios, evaluation of freedom to operate issues, and strategic recommendations for maximizing the value of patent portfolios going forward.Mike also works closely with the IP Litigation Group on various litigation matters including patent interferences to determine the first-to-invent and patent re-examination work and actively participates in both mediation and arbitration proceedings on behalf of clients in the life sciences and food and agriculture areas.He is a frequent lecturer and speaker. Among numerous speaking engagements, Mike is the IP instructor at the UC Davis Licensing Academy and founded Morrison Foerster’s annual Harvard Biotechnology Club Fall Patent Law Course.Mike holds a Ph.D. in plant physiology (biochemistry) and an M.S. in agronomy from the University of California, Davis; a B.S. in biology from the University of California, Berkeley; and a J.D. from Golden Gate University School of Law. He was a post-doctoral fellow in plant molecular biology at the Harvard Medical School and the Department of Molecular Biology at Massachusetts General Hospital, where he worked on the Arabidopsis genome project.

Michael Ward

Drawing on his considerable experience in environmental health, William (Bill) focuses his practice on environmental and consumer protection law, with an emphasis on climate-related goals and claims, hazardous substances, mass torts, and consumer product safety. Bill started his career at the U.S. Environmental Protection Agency, Office of Regional Counsel in San Francisco, and he currently leads the firm’s environmental practice.Bill routinely advises clients in connection with their carbon reduction and climate-related goals and claims (including carbon neutral and net zero carbon commitments) and helps clients substantiate their claims and avoid greenwashing claims. He frequently advises clients in connection with the Federal Trade Commission’s Green Guides, state consumer protection statutes, and a broad range of sustainability and chemical disclosure laws. He defends clients in environmental and consumer class action litigation in courts throughout the country and is highly regarded for his ability to coordinate technical, legal, and communications teams to counsel clients through crises. He has tried cases in state and federal courts for a variety of complex and multidistrict litigation matters, including product liability claims and environmental and land use disputes.Bill represents the firm’s clients in nearly every aspect of environmental regulation and supports the firm’s global transactional practices in all areas of U.S. environmental law. He is also a member of the firm’s Sustainability + Corporate Responsibility Steering Committee.<h5>Environmental Litigation and Regulatory</h5>Bill has represented the firm’s clients before a broad range of environmental regulatory agencies in rulemaking proceedings, permit applications, and appeals and enforcement actions. Bill heads MoFo’s environmental due diligence teams and serves as the lead on transactional negotiations involving environmental liability risks, including significant experience in cross-border transactions.<h5>Consumer Class Action, False Advertising, and Product Liability</h5>Bill has broad experience in consumer class action and false advertising litigation, especially concerning claims of health or environmental benefits. He has also advised numerous well known life sciences, technology, and consumer product companies on consumer disclosures and warnings, including compliance with U.S. and European requirements governing product safety.<h5>More About Bill</h5>Before entering private practice, Bill clerked at the U.S. Environmental Protection Agency, Region IX Office of Regional Counsel, where he assisted in the prosecution and resolution of cases brought by the U.S. Department of Justice for violation of the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act.Bill received his J.D. with honors from the Georgetown University Law Center and completed the Law and Public Health program sponsored by Georgetown University and the Johns Hopkins Bloomberg School of Public Health. Through this program, he earned a master’s in public health, as well as specialty certification in environmental health risk assessment from the Johns Hopkins Risk Sciences and Public Policy Institute. At Georgetown, he was an executive editor of the Georgetown International Environmental Law Journal and received the CALI Award for Excellence in International Environmental Law. In 2000, he studied law at the Universidad de Mendoza, in Mendoza, Argentina, as an international law fellow. He earned his bachelor’s degree from the University of California, Berkeley.