PIONEER HI-BRED INTERN. v. J.E.M. AG SUPPLY

No. 99-1035.

200 F.3d 1374 (2000)

PIONEER HI-BRED INTERNATIONAL, INC., Plaintiff-Appellee, v. J.E.M. AG SUPPLY, INC. (doing business as Farm Advantage, Inc.), Farm Advantage, Inc., Larry Benz, Merle Pruett (doing business as Siouxland Seeds, Inc.), Kevin Wolfswinkel, Tim Kamstra, and Tom Eischen Seed and Chemicals, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 13, 2000.


Attorney(s) appearing for the Case

Edmund J. Sease, Zarley, McKee, Thompte, Voorhees & Sease, P.L.C., of Des Moines, Iowa, argued for plaintiff-appellee. With him on the brief was Daniel J. Cosgrove. Of counsel on the brief was Herbert H. Jervis, Vice President & Chief Intellectual Property Counsel, Pioneer Hi-Bred International, Inc., of Johnston, Iowa.

Bruce E. Johnson, Lewis, Webster, Johnson, Van Winkle & DeVolder, L.L.P., of Des Moines, Iowa, argued for defendants-appellants. With him on the brief was S.P. DeVolder.

Warren D. Woessner, Schwegman, Lundberg, Woessner & Kluth, P.A., of Minneapolis, Minnesota, for amicus curiae American Intellectual Property Law Association.

Before MAYER, Chief Judge, NEWMAN and LOURIE, Circuit Judges.


Rehearing En Banc Denied March 13, 2000.

PAULINE NEWMAN, Circuit Judge.

The defendants in this patent infringement suit are J.E.M. Ag Supply, Inc. (doing business as Farm Advantage, Inc.), Larry Benz, Merle Pruett (doing business as Siouxland Seeds, Inc.), Kevin Wolfswinkel, Tim Kamstra, and Tom Eischen Seed & Chemicals. The patents in suit, owned by Pioneer Hi-Bred International, Inc., are directed to plants and seed for new varieties of hybrid and inbred...

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