MONSANTO CO. v. MYCOGEN PLANT SCIENCE, INC.

Nos. 00-1002, 00-1003, 00-1050.

261 F.3d 1356 (2001)

Monsanto Company, Plaintiff-Appellant, v. Mycogen Plant Science, Inc. and Agrigenetics, Inc., Defendants-Cross Appellants, and Novartis Corporation, Syngenta Seeds, Inc., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 30, 2001.


Attorney(s) appearing for the Case

Richard L. Stanley, Howrey Simon Arnold & White, of Houston, Texas, argued for plaintiff-appellant. With him on the brief were John F. Lynch, Susan K. Knoll, Michael E. Lee, and Steven G. Spears.

Daniel J. Thomasch, Orrick, Herrington & Sutcliffe LLP, of New York, New York, argued for defendants-cross appellants Mycogen Plant Science, Inc. and Agrigenetics, Inc. With him on the brief were Richard W. Mark, Lauren J. Elliot, and Marc P. Berger, of New York, New York, and Craig R. Kaufman, of Menlo Park, California. Of counsel was Geoffrey W. Millsom, of New York, New York.

Dimitrios T. Drivas, White & Case LLP, of New York, New York, argued for defendant-cross appellant Novartis Corporation. With him on the brief were John S. Willems, Leslie Morioka, and Jeffrey J. Oelke. Of counsel was Lori R. Begleiter.

Before CLEVENGER, BRYSON, and LINN, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 30, 2001.

LINN, Circuit Judge.

Monsanto Company ("Monsanto") appeals from a final judgment of invalidity and noninfringement of its U.S. Patent No. 5,500,365 (the "'365 patent"), entered by the United States District Court for Delaware on March 12, 1999. Monsanto Co. v. Mycogen Plant Science, Inc., No. 96-133 RRM (D.Del. Sep.8, 1999) ("Opinion"). A jury returned a verdict of invalidity under 35 U...

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