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COMMERCIAL LAWN IRRIGATION, INC. v. MONROVIA NURSERY COMPANY, INC.

Civil No. 11-493-GPM-SCW.

COMMERCIAL LAWN IRRIGATION, INC., Plaintiff, v. MONROVIA NURSERY COMPANY, INC. Defendant.

United States District Court, S.D. Illinois.

April 2, 2012.

Attorney(s) appearing for the Case

Commercial Lawn Irrigation, Inc., Plaintiff, represented by Paul A. Lesko , Simmons Browder Gianaris Angelides & Barnerd LLC.

Monrovia Nursery Company, Inc., Defendant, represented by Edward R. Schwartz , Christie, Parker & Hale LLP-Glendale.

United States of America, Intervenor Defendant, represented by James M. Hipkiss , Assistant U.S. Attorney — Fairview Heights & Adam C. Jed , USDOJ — Civil Rights Division — Washington, DC — 2 Civil Division.

MEMORANDUM AND ORDER

G. PATRICK MURPHY, District Judge.

On September 16, 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act. Leahy-Smith America Invents Act, Pub. L. No. 112-29 (125 Stat. 284) (Sep.16, 2011). This new legislation amended 35 U.S.C. § 292, in a multitude of ways, including changing who can sue for the penalty authorized by 35 U.S.C. § 292(a). Id. Prior to the amendment,...

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