MONSANTO CO. v. McFARLING

Nos. 05-1570, 05-1598.

488 F.3d 973 (2007)

MONSANTO COMPANY, Plaintiff-Cross Appellant, v. Homan McFARLING, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 24, 2007.


Attorney(s) appearing for the Case

Paul R.Q. Wolfson, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Seth P. Waxman, Shirley Cassin Woodward, and Gregory H. Lantier. Of counsel on the brief was Joseph C. Orlet, Husch & Eppenberger, LLC, of St. Louis, MO.

Mark A. Lemley, Keker & Van Nest, L.L.P., of San Francisco, CA, argued for defendant-appellant. Jim D Waide, III, Waide & Associates, P.A., of Tupelo, MS, for defendant-appellant. Of counsel was Alan B. Morrison, Stanford Law School, of Stanford, CA.

Before LOURIE, RADER, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This is the third time this case has been before us. In the first appeal, we affirmed the district court's entry of a preliminary injunction in favor of the plaintiff, Monsanto Company, and against the defendant, Homan McFarling. Monsanto Co. v. McFarling, 302 F.3d 1291 (Fed.Cir.2002) (McFarling I). In the second appeal, we upheld the district court's rulings holding Mr. McFarling liable for breach...

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