CARGILL, INC. v. CANBRA FOODS, LTD.

Nos. 2006-1265, 2006-1302.

476 F.3d 1359 (2007)

CARGILL, INCORPORATED, Plaintiff-Appellant, v. CANBRA FOODS, LTD., Dow Agrosciences, LLC, and Dow Agrosciences Canada, Inc., Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

February 14, 2007.


Attorney(s) appearing for the Case

Allen M. Sokal, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Jeffrey W. Abraham.

Harry J. Roper, Jenner & Block LLP, of Chicago, IL, argued for defendants-cross appellants. With him on the brief were George S. Bosy, Raymond N. Nimrod, Patrick L. Patras, and Steven McMahon Zeller. Of counsel was Marc Goldman, of Washington, DC. Of counsel on the brief were Guy A. Relford and Kenneth B. Ludwig, Dow AgroSciences LLC, of Indianapolis, IN.

Before LINN, PROST, and JORDAN, Circuit Judges.


JORDAN, Circuit Judge.

Plaintiff Cargill, Incorporated ("Cargill") appeals from a final judgment of the United States District Court for the District of Oregon concerning four patents owned by Cargill, namely U.S. Patents No. 5,969,169 (the "'169 patent"), No. 6,201,145 (the "'145 patent"), No. 6,270,828 (the "'828 patent"), and No. 6,680,396 (the "'396 patent"). Upon a motion for summary judgment by Canbra Foods, Ltd.,...

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