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MYCOGEN CORP. v. MONSANTO CO.

No. S090337.

123 Cal.Rptr.2d 432 (2002)

28 Cal.4th 888

51 P.3d 297

MYCOGEN CORPORATION et al., Plaintiffs and Appellants, v. MONSANTO COMPANY, Defendant and Respondent. Mycogen Plant Science, Inc., Plaintiff and Appellant, v. Monsanto Company, Defendant and Respondent.

Supreme Court of California.

August 8, 2002.

Attorney(s) appearing for the Case

Hayes Simpson Greene, Foley & Lardner, Kenneth S. Klein; Brobeck, Phleger & Harrison, Daniel G. Lamb, Jr., San Diego, Kristen E. Caverly, Kelly C. Wooster, Thomas M. Peterson, San Francisco, and Brett M. Schulman for Plaintiffs and Appellants.

Geoffrey C. Hazard, Jr., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Horvitz & Levy, Ellis J. Horvitz, David M. Axelrad, Jon B. Eisenberg, Andrea M. Gauthier, Encino; Steptoe & Johnson, Lawrence P. Riff, Laurence F. Janssen, Jay E. Smith, Los Angeles; and E. Allan Farnsworth for Defendant and Respondent.

Sedgwick, Detert, Moran & Arnold, Kevin J. Dunne, Frederick D. Baker and Kirk C. Jenkins, San Francisco, for Lawyers for Civil Justice as Amicus Curiae on behalf of Defendant and Respondent.

Rex R. Perschbacher as Amicus Curiae on behalf of Defendant and Respondent.

Walter W. Heiser as Amicus Curiae.

MORENO, J.

This consolidated matter arises out of three appeals from two related actions involving continuing litigation over a license agreement between Mycogen Plant Science, Inc. (MPS) and Monsanto Company (Monsanto) concerning technology to produce genetically altered plant seeds. In the initial action, MPS sought, and was granted, declaratory relief finding that Monsanto had a contractual duty to license its technology...

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