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E.I. DU PONT DE NEMOURS & CO. v. OKULEY

No. 01-3074.

344 F.3d 578 (2003)

E.I. DU PONT DE NEMOURS & COMPANY, Plaintiff-Appellee, v. Dr. John Joseph OKULEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 17, 2003.

Petition for Rehearing Denied: November 21, 2003.

Petition for Rehearing Denied: December 10, 2003.

Attorney(s) appearing for the Case

C. Craig Woods (argued and briefed), Squire, Sanders & Dempsey, Columbus, Ohio, for Plaintiff-Appellee.

Jerry K. Mueller, Jr. (briefed), Mueller & Smith, Columbus, Ohio, for Appellant. Edward A. Matto (argued and briefed), Bricker & Eckler, Columbus, Ohio, for Defendant-Appellant.

Before: BOGGS and COLE, Circuit Judges; and BELL, Chief District Judge.

Petition for Rehearing Denied En Banc: November 21, 2003.

Petition for Rehearing Denied En Banc: December 10, 2003.

Pursuant to Sixth Circuit Rule 206

OPINION

BOGGS, Circuit Judge.

The defendant, Dr. John Joseph Okuley, appeals the summary judgment for the plaintiff, E.I. Du Pont de Nemours and Company ("DuPont"), in a dispute involving both contract and patent elements. Okuley helped discover FAD2, one of the genes encoding the Fatty...

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