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PENNINGTON SEED, INC. v. PRODUCE EXCHANGE NO. 299

No. 05-1440.

457 F.3d 1334 (2006)

PENNINGTON SEED, INC. and AgResearch Limited, Plaintiffs-Appellants, v. PRODUCE EXCHANGE NO. 299, Allied Seed, L.L.C., and FFR Cooperative, Defendants, and University of Arkansas, Gary C. George, B. Alan Sugg, John A. White, and Charles P. West, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 9, 2006.

Attorney(s) appearing for the Case

Mark Murphey Henry, Henry Law Firm, of Fayetteville, Arkansas, argued for plaintiffs-appellants. With him on the brief was Nathan P. Chaney.

T. Scott Varady, Office of the General Counsel, University of Arkansas, of Fayetteville, Arkansas, argued for defendants-appellees. With him on the brief was William Reid Kincaid.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Opinion for the Court filed by Circuit Judge GAJARSA.

Concurring Opinion filed by Circuit Judge SCHALL.

GAJARSA, Circuit Judge.

Pennington Seed, Inc. and AgResearch Limited (collectively "Pennington"), the patentees, originally filed suit against the University of Arkansas ("the University")1 for infringement and conversion of U.S. Patent No. 6,111,170 ("the '170 patent"). The United States District Court for the Western...

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