Agricultural Sciences & Technology

Cooley has served as primary IP counsel to Zymergen since its founding, helping the company to navigate IP diligence through various funding rounds and establish a robust IP estate. Zymergen, a synthetic biology and biofacturing company developing molecules used in industries including agriculture, chemicals, materials, pharmaceuticals, electronics and more, recently had a successful debut on the public markets with a NASDAQ listing in 2021.

Cooley’s IP team provides guidance on all aspects of IP matters, helping the company to protect its foundational high-throughput genomic engineering platform and various contributions to the field of synthetic biology.

Cooley has served as primary IP counsel to Nobell Foods since its founding, helping the company to protect its innovative contributions aimed at making the world’s food systems more humane and sustainable. Nobell Foods is utilizing the power of plants to reimagine the world’s food supply and produce delicious cheese from plant-derived dairy proteins. The company recently completed a $75 million Series B in 2021 to help bring its vision to the world.

Cooley secured a successful resolution for Charlotte’s Web, a leader in the hemp-based cannabidiol (CBD) industry, in a federal trademark and false advertising dispute with AAXLL Supply Co, owner of the Balance CBD brand, in the Northern District of California. Charlotte's Web filed a complaint against AAXLL on April 17, 2020 in which it alleged that AAXLL infringed Charlotte's Web's rights in its CHARLOTTE'S WEB trademark and had misrepresented that certain AAXLL products shared a terpene profile with hemp cultivars developed by Charlotte's Web. Under a stipulated judgment, AAXLL acknowledged that the CHARLOTTE'S WEB mark is a valid and protectable trademark, all rights, title and interest to which are owned by Charlotte’s Web. AAXLL further admitted to trademark infringement and also agreed to stop using the CHARLOTTE'S WEB trademark in connection with advertising and promoting CBD products.

Cooley advised AppHarvest, a leading public agtech company and certified B Corp, on its acquisition of Root AI, an AI farming startup that creates intelligent robots to help manage high-tech indoor farms. In addition to advising on corporate matters, Cooley's IP team handled all patent due diligence aspects of the deal. Partner Josh Holleman led the Cooley team advising AppHarvest.

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Cooley advised Evolutionary Genomics (EG), an agricultural biotech company engaged in crop improvement through gene identification, in all contractual and intellectual property aspects of its partnership with Dole Food Company to develop and commercialize banana plant varieties resistant to a fungus that threatens to devastate the global supply of bananas, the most grown and consumed fruit in the world.

EG discovered a gene found in wild banana varieties that are resistant to a widespread strain of Fusarium fungus which has decimated global plantations of the most common commercial banana variety, Cavendish. Under the agreement, EG will use the gene to develop Cavendish-based varieties that restore the plant's natural ability to fight the pathogen. Upon successful completion, Dole will test the resulting plants in field trials and then embark on broad commercialization under a licensing agreement with EG.

Cooley advised AppHarvest, a developer and operator of large-scale, high-tech controlled environment indoor farms, on its agreement to combine with Novus Capital, a publicly traded special purpose acquisition company or SPAC. The transaction advances AppHarvest’s mission to redefine American agriculture and to build America’s agtech capital in the heart of Appalachia. Lawyers Derek Colla, John McKenna, David Silverman, Katie Kazem and Rishab Kumar led the Cooley team advising AppHarvest on the agreement. 

Cooley advised BrightFarms on its $100 million Series E financing. Partner Mark Medearis led the Cooley team advising BrightFarms, which is a leading next-generation indoor farming company supplying U.S. grocery retailers with packaged salad greens.

Cooley advised Vital Farms, a certified B Corporation and Delaware public benefit corporation that offers a range of ethically produced pasture-raised food products nationwide, on its $235.4 million initial public offering of 10,699,573 shares of common stock, which includes the full exercise of the underwriters’ option to purchase additional shares. The transaction represents Cooley’s first completed IPO for a certified B Corporation. Partners Mike Lincoln, Nicole Brookshire, Darren DeStefano and Jaime Chase led the Cooley team advising Vital Farms. 

Cooley has served as primary IP counsel to Nobell Foods since its founding, helping the company to protect its innovative contributions aimed at making the world’s food systems more humane and sustainable. Nobell Foods is utilizing the power of plants to reimagine the world’s food supply and produce delicious cheese from plant-derived dairy proteins. The company recently completed a $75 million Series B in 2021 to help bring its vision to the world.