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E.I. DU PONT DE NEMOURS AND CO. v. BAYER CROPSCIENCE L.P.

C.A. No. 3741-VCL.

958 A.2d 245 (2008)

E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff, v. BAYER CROPSCIENCE L.P., Defendant.

Court of Chancery of Delaware.

Decided: July 29, 2008.

Attorney(s) appearing for the Case

P. Clarkson Collins, Jr., Esquire, Matthew F. Lintner, Esquire, Patricia Uhlenbrock, Esquire, Jason C. Jowers, Esquire, Morris James LLP, Wilmington, Delaware; George L. Murphy, Jr., Esquire, Susan A. Cahoon, Esquire, Corin M. McCarthy, Esquire, Jason D. McLarry, Esquire, Kilpatrick Stockton LLP, Atlanta, Georgia, Attorneys for the Plaintiff.

Frank A. Monaco, Jr., Esquire, Kevin J. Mangan, Esquire, Womble Carlyle Sandridge & Rice, LLC, Wilmington, Delaware; Pressly M. Millen, Esquire, Christopher W. Jones, Esquire, Womble Carlyle Sandridge & Rice LLC, Raleigh, North Carolina, Attorneys for the Defendant.

OPINION

LAMB, Vice Chancellor.

This opinion considers a request for a preliminary injunction concerning a supply agreement and license between two large chemical companies initially set to run from 2007 until 2015. That agreement relates to a patented chemical compound that can be usefully mixed with other patented or proprietary compounds for sale as "safened" herbicides in the United States corn growing market. The seller claims that the purchaser...

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