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PLANT GENETIC SYSTEMS v. DEKALB GENETICS CORP.

No. 02-1011.

315 F.3d 1335 (2003)

PLANT GENETIC SYSTEMS, N.V. (now known as Aventis CropScience N.V.), Plaintiff-Appellant, and Biogen, Inc., Plaintiff, v. DEKALB GENETICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied: February 20, 2003.

Attorney(s) appearing for the Case

Eric H. Weisblatt, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for plaintiff-appellant. With him on the brief were Susan J. Dadio, R. Danny Huntington, and Barbara Webb Walker.

John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, TX, argued for defendant-appellee. With him on the brief were Thomas A. Miller, and Richard L. Stanley. Of counsel on the brief Daniel T. Shvodian, Howrey Simon Arnold & White, LLP, of Menlo Park, CA. Of counsel was Hemant H. Kewalramani, Howrey Simon Arnold & White, LLP, of Houston, TX.

Before NEWMAN, MICHEL, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied: February 20, 2003.

MICHEL, Circuit Judge.

Plant Genetic Systems, N.V. ("PGS") appeals the September 7, 2001 decision of the United States District Court for the District of Connecticut, Plant Genetic Sys., N.V. v. DeKalb Genetics Corp., 175 F.Supp.2d 246 (D.Conn.2001), entering judgment for the accused infringer, DeKalb Genetics Corporation ("DeKalb"), on all counts of...

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