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MYCOGEN PLANT SCIENCE v. MONSANTO CO.

No. 00-1127

252 F.3d 1306 (2001)

Mycogen Plant Science, Inc. and Agrigenetics, Inc., Plaintiffs-Appellants, v. Monsanto Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED May 30, 2001

Attorney(s) appearing for the Case

Daniel J. Thomasch, Orrick, Herrington & Sutcliffe LLP, of New York, New York, argued for plaintiffs-appellants. With him on the brief were Richard W. Mark, and Robert M. Isackson; and Craig R. Kaufman, of Menlo Park, California.

John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for defendant-appellee. With him on the brief were Susan K. Knoll, Melinda L. Patterson, Michael E. Lee, and Steven G. Spears.

Before CLEVENGER, BRYSON, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

Mycogen Plant Science, Inc., and its licensee, Agrigenetics, Inc., (collectively "Mycogen") filed suit against the Monsanto Company in the United States District Court for the Southern District of California, charging Monsanto with infringing Mycogen's U.S. Patent No. 5,380,831 (the `831 patent). On Monsanto's motions for summary judgment, the district court ruled, inter alia, that the process claims of the `831 patent are invalid under...

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