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MONSANTO CO. v. SYNGENTA SEEDS, INC.

No. 2006-1472.

503 F.3d 1352 (2007)

MONSANTO COMPANY, Monsanto Technology LLC, and Dekalb Genetics Corp., Plaintiffs-Appellants, v. SYNGENTA SEEDS, INC., Syngenta Biotechnology, Inc., Garst Seed Company, Golden Harvest Seeds, Inc., Garwood Seed Co., Golden Seed Company, LLC, Sommer Bros. Seed Company, Thorp Seed Co., and JC Robinson Seeds, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 4, 2007.

Attorney(s) appearing for the Case

Susan K. Knoll, Howrey LLP, of Houston, TX, argued for plaintiffs-appellants. With her on the brief were Thomas A. Miller, Richard L. Stanley, and Scott W. Clark.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellees. With him on the brief were Herbert H. Mintz, Michael J. Flibbert, Howard W. Levine, and Jennifer A. Johnson.

Before RADER and GAJARSA, Circuit Judges, and O'MALLEY, District Judge.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the District of Delaware determined that Defendants-Appellees Syngenta Seeds, Inc.; Syngenta Biotechnology, Inc.; Garst Seeds Company; Golden Harvest Seeds, Inc.; Garwood Seed Co.; Golden Seed Co., LLC; Sokmer Bros. Seed Company; Thorp Seed Co. and JC Robinson Seeds, Inc., (collectively "Syngenta"), did not infringe the asserted claims of U.S. Patents Nos. 5,538,880 and 6,013,863 ("the...

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