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RHONE-POULENC AGRO, S.A. v. DEKALB GENETICS CORP.

Nos. 00-1266, 00-1352.

271 F.3d 1081 (2001)

RHONE-POULENC AGRO, S.A. (Now known as Aventis CropScience SA), Plaintiff-Appellant, v. DeKALB GENETICS CORPORATION, Defendant, and MONSANTO COMPANY (now known as Pharmacia Corporation), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 19, 2001.

Attorney(s) appearing for the Case

George Pazuniak, Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, argued for plaintiff-appellant. With him on the brief were Rudolf E. Hutz, Richard D. Levin, and Francis DiGiovanni.

E. Edward Bruce, Covington & Burling, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert N. Sayler, and Kurt G. Calia.

Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

DYK, Circuit Judge.

Rhône-Poulenc Agro, S.A. ("RPA") appeals from the decision of the United States District Court for the Middle District of North Carolina granting summary judgment of non-infringement on the ground that Monsanto Co. ("Monsanto") has a valid license to U.S. Patent No. 5,510,471, reissued on December 14, 1999 as RE 36,449 ("the '471 patent"). Rhône-Poulenc Agro, S.A. v. Monsanto Company, No. 1:97CV1138, 2000 U.S. Dist. LEXIS 21330...

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