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BIAGRO WESTERN SALES, INC. v. GROW MORE, INC.

No. 04-1414.

423 F.3d 1296 (2005)

BIAGRO WESTERN SALES, INC. and the Regents of the University of California, Plaintiffs-Appellants, v. GROW MORE, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 28, 2005.

Attorney(s) appearing for the Case

Mark D. Miller, Kimble, MacMichael & Upton, of Fresno, California, argued for plaintiffs-appellants. With him on the brief were Robert W. Branch and Mary Ann Bluhm.

Alan L. Unikel, Seyfarth Shaw LLP, of Chicago, Illinois, argued for defendant-appellee. With him on the brief was Joseph R. Lanser.

Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Rehearing and Rehearing En Banc Denied October 28, 2005.

PLAGER, Senior Circuit Judge.

In this patent infringement case, Biagro Western Sales, Inc. ("Biagro") and The Regents of the University of California ("The Regents") sued Grow More, Inc. ("Grow More") in the United States District Court for the Eastern District of California. At issue is U.S. Patent No. 5,830,255 ("the '255 patent"), which is entitled "Formulation of Phosphorus Fertilizer for Plants...

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