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RHONE-POULENC AGRO S.A. v. MONSANTO CO.

No. 1:97CV1138.

73 F.Supp.2d 537 (1999)

RHONE-POULENC AGRO S.A., Plaintiff, v. MONSANTO COMPANY and Dekalb Genetics Corp., Defendants.

United States District Court, M.D. North Carolina.

February 16, 1999.

Attorney(s) appearing for the Case

Michael E. Ray, Winston-Salem, NC, Timothy G. Barber, Charlotte, NC, John F. Morrow, Winston-Salem, NC, Richard D. Levin, Wilmington, DE, for plaintiff.

James Donald Cowan, Jr., Greensboro, NC, Robert N. Sayler, Washington, DC, John F. Lynch, Houston, TX, Daniel W. Fouts, Greensboro, NC, W. Winburne King, III, Greensboro, NC, for defendants.

MEMORANDUM OPINION AND ORDER

TILLEY, District Judge.

Pursuant to Fed.R.Civ.P. 15(a), Defendant Monsanto Company ("Monsanto") moves for leave to amend its Answer to include an additional affirmative defense of patent unenforceability based on inequitable conduct by Plaintiff Rhone-Poulence Agro S.A. ("RPA"). (Mot. Leave Amend Answer [Doc. # 178].) For the reasons set forth below, this Motion is GRANTED.

I.

In addition to various contract...

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