ASGROW SEED CO. v. WINTERBOER

Attorney(s) appearing for the Case

Gary Jay Kushner and Mark D. Dopp, Hogan & Hartson, Washington, DC, were on the brief, for amicus curiae, American Seed Trade Ass'n, Northrup King Co., Dole Fresh Vegetables, Inc. and Bud Antle, Inc. and The Agrigenetics Co.

Richard L. Stanley and John F. Lynch, Arnold, White & Durkee, Houston, TX, were on the brief, for amicus curiae, Jacob Hartz Seed Co., Inc. With them on the brief was Mark F. Wachter, Monsanto Co., St. Louis, MO, of counsel.

Michael Joseph Roth, Des Moines, IA, was on the brief, for amicus curiae, Pioneer Hi-Bred Intern., Inc.

Jerome C. Hafter and Marian S. Alexander, Lake, Tindall, Hunger & Thackston, Greenville, MS, were on the brief, for amicus curiae, Delta and Pine Land Co. With them on the brief was E. Anthony Figg, Rothwell, Figg, Ernst & Kurz, Washington, DC, of counsel.

Bruce Stein, The UpJohn Co., Kalamazoo, MI, argued, for plaintiff-appellee. With him on the brief were Lawrence C. Maxwell and Mary Ellen Morris, Trabue, Sturdivant & Dewitt, Nashville, TN. Also on the brief were Robert A. Armitage and Sidney B. Williams, Jr., The UpJohn Co., Kalamazoo, MI, of counsel.

William H. Bode, William H. Bode & Associates, Washington, DC, argued, for defendants-appellants. With him on the brief was Robert A. Jaffe.

Constantine L. Trela, Sidley & Austin, Chicago, IL, was on the brief, for amicus curiae, DeKalb Plant Genetics. With her on the brief was Gina E. Brock. Also on the brief was Douglas Fisher, DeKalb Plant Genetics, DeKalb, IL, of counsel.

William Dennis Cross and Scott T. Forland, Morrison & Hecker, of Kansas City, MO, were on the brief, for amicus curiae, Agripro Biosciences, Inc.

Robert J. Jondle and Jeffrey L. Ihnen, Venable, Beatjer, Howard & Civiletti, Washington, DC, were on the brief, for amicus curiae, Golden Harvest Seeds, Inc.

Martin R. Glick and Todd E. Thompson, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, CA, were on the brief, for amicus curiae, Tanimura & Antle, Inc.

Stanley D. Schlosser, Foley & Lardner, Alexandria, VA, was on the brief, for amicus curiae, Stoneville Pedigreed Seed Co. With him on the brief was Patricia D. Granados, of counsel.

Before LOURIE, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.