MONSANTO CO. v. BAYER BIOSCIENCE N.V.

No. 03-1201.

363 F.3d 1235 (2004)

MONSANTO COMPANY, Plaintiff-Appellee, v. BAYER BIOSCIENCE N.V. (formerly known as Aventis CropScience N.V.), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing May 6, 2004.


Attorney(s) appearing for the Case

John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, TX, argued for plaintiff-appellee. With him on the brief were Susan K. Knoll, Richard L. Stanley, Steven G. Spears, and Connie Flores Jones. Of counsel on the brief was Joseph P. Conran, Husch & Eppenberger, of St. Louis, MO.

Eric H. Weisblatt, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for defendant-appellant. With him on the brief were Susan M. Dadio, R. Danny Huntington, Ronni S. Jillions, Barbara Webb Walker, and Bruce T. Wieder.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.


Rehearing and Rehearing En Banc May 6, 2004.

BRYSON, Circuit Judge.

Monsanto Company filed an action in the United States District Court for the Eastern District of Missouri, No. 4:00CV1915, seeking a declaratory judgment that its transgenic corn products did not infringe four patents owned by Aventis CropScience N.V., a predecessor of appellant Bayer BioScience N.V. The patents at issue claim a variety of methods and products relating to the insertion of...

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