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BRASSICA PROTECTION PRODUCTS v. CAUDILL SEED

No. 07 Civ. 7844(SAS).

591 F.Supp.2d 389 (2008)

BRASSICA PROTECTION PRODUCTS LLC and The Johns Hopkins University, Plaintiffs, v. CAUDILL SEED & WAREHOUSE CO., INC., Defendant.

United States District Court, S.D. New York.

July 16, 2008.

Attorney(s) appearing for the Case

Richard S. Taffet, Esq., Edward Lawrence Powers, Esq., Lavanya Kilaru, Esq., Bingham McCutchen LLP, New York, NY, for Plaintiffs.

Ann Gallagher Schoen, Esq., Frost Brown Todd LLC, Cincinnati, OH, Gregory Paul Gulia, Esq., Vanessa C. Hew, Esq., Duane Morris LLP, New York, NY, for Defendant.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Brassica Protection Products LLC ("Brassica") and the Johns Hopkins University ("Johns Hopkins") allege that Caudill Seed & Warehouse Co., Inc. ("Caudill") infringed certain of their patents directed to the preparation of food products containing specific chemoprotective compounds. Despite the termination of a prior sub-license agreement between Brassica and Caudill...

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