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

Nos. 00-1218, -1350.

272 F.3d 1335 (2001)

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

United States Court of Appeals, Federal Circuit.

November 19, 2001.

Attorney(s) appearing for the Case

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

John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, Texas, argued for defendant-appellant. With him on the brief were Richard L. Stanley, Michael E. Lee and Steven G. Spears, of Houston, Texas; and Lisa J. Saks, of Washington, DC. Of counsel on the brief was Donald L.Traut, Dekalb Genetics Corporation, of Dekalb, Illinois.

Before CLEVENGER, SCHALL and DYK, Circuit Judges.

CLEVENGER, Circuit Judge.

This case concerns a claim by Rhône-Poulenc Agro, S.A. ("RPA") that it was fraudulently induced to enter into a 1994 Agreement with DeKalb Genetics Corporation ("DeKalb"), as well as RPA's related claims of trade secret and patent infringement against DeKalb. Trial was bifurcated between two different juries, with the first jury deciding the licensing and technology transfer issues and the second jury deciding the trade secret and patent...

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