AJINOMOTO CO., INC. v. ARCHER-DANIELS-MIDLAND CO.

Nos. 99-1098, 99-1099, 99-1209, 99-1210.

228 F.3d 1338 (2000)

AJINOMOTO CO., INC., Plaintiff-Cross Appellant, v. ARCHER-DANIELS-MIDLAND CO., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 14, 2000.


Attorney(s) appearing for the Case

Marc R. Labgold, Piper Marbury Rudnick & Wolfe LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, Virginia. Of counsel on the brief was Catherine B. Richardson, Piper Marbury Rudnick & Wolfe LLP.

Charles A. Laff, Laff, Whitesel, Conte & Saret, Ltd., of Chicago, Illinois, argued for appellant. With him on the brief was Kevin C. Trock. Of counsel on the brief were Ari S. Zymelman, Williams & Connolly, of Washington, DC, and Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware. Of counsel were Martin L. Stern, William A. Meunier, and Lisa C. Childs.

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


Rehearing and Rehearing En Banc Denied November 14, 2000.

PAULINE NEWMAN, Circuit Judge.

Archer-Daniels-Midland Company ("ADM") appeals the judgment of the United States District Court for the District of Delaware,1 holding that ADM's use of certain strains of genetically modified bacteria to produce the amino acid threonine infringed Ajinomoto's United States Patent No. 4,278,765 ("the...

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