United States Federal Circuit

The presumed ability of a reasonable juror to understand the evidence in a diligence case precludes a requirement that a party must explain lab notebooks by explanatory argument or testimony or even linking argument or testimony.

Appellate Information

• Decided 08/16/2001
• Published 08/16/2001

Judges

• LINN, Circuit Judge., Before CLEVENGER, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard L. Stanley,Howrey Simon Arnold & White, of Houston, TX, argued for plaintiff-appellant.   With him on the brief were John F. Lynch, Susan K. Knoll, Michael E. Lee, and Steven G. Spears.


• For Appellees:
  
• Daniel J. Thomasch, Orrick, Herrington & Sutcliffe LLP, of New York, NY, argued for defendants-cross appellants Mycogen Plant Science, Inc. and Agrigenetics, Inc. With him on the brief were Richard W. Mark, Lauren J. Elliot, and Marc P. Berger, of New York, NY, and Craig R. Kaufman, of Menlo Park, California.   Of counsel was Geoffrey W. Millsom, of New York, NY., Dimitrios T. Drivas, White & Case LLP, of New York, NY, argued for defendant-cross appellant Novartis Corporation.   With him on the brief were John S. Willems, Leslie Morioka, and Jeffrey J. Oelke.   Of counsel was Lori R. Begleiter.