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MONSANTO CO. v. BOWMAN

No. 2010-1068.

657 F.3d 1341 (2011)

MONSANTO COMPANY and Monsanto Technology LLC, Plaintiffs-Appellees, v. Vernon Hugh BOWMAN, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 21, 2011.

Attorney(s) appearing for the Case

Paul R.Q. Wolfson , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, for plaintiffs-appellees. With him on the brief were Seth P. Waxman and Gregory H. Lantier ; and David B. Jinkins , Thompson Coburn LLP, of St. Louis, MO. Of counsel were Daniel C. Cox and Jeffrey A. Masson , Thompson Coburn, LLP, of St. Louis, MO.

Mark P. Walters , Frommer Lawrence & Haug LLP, of Seattle, WA, for defendant-appellant. With him on the brief were Dario A. Machleidt ; and Edgar H. Haug , of New York, NY.

Timothy C. Meece , Banner & Witcoff, Ltd., Chicago, IL, for amicus curiae Lexmark International, Inc.

Before BRYSON, LINN, and DYK, Circuit Judges.

LINN, Circuit Judge.

This case presents the court with another question of patent infringement by farmers planting the progeny of genetically altered seeds covered by U.S. patents. Here, Plaintiffs-Appellees, Monsanto Company and Monsanto Technology LLC (collectively "Monsanto"), sued Defendant-Appellant, Vernon Hugh Bowman ("Bowman"), in the United States District Court for the Southern District of Indiana alleging infringement of U.S. Patent Nos. 5,352,605 ("'605...

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