United States Federal Circuit

Under North Carolina law, evidence that party promised to disclose results of field tests imposed affirmative duty to do so when test results turned out better than expected for fraudulent inducement to license a patent case.

Appellate Information

• Decided 11/20/2001
• Published 11/20/2001

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, SCHALL and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• George Pazuniak,Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, for plaintiff-appellee.   With him on the brief were Rudolf E. Hutz and Francis DiGiovanni.   Of counsel was Richard D. Levin., John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, TX, for defendant-appellant.   With him on the brief were Richard L. Stanley and Steven G. Spears.   Of counsel were Lisa J. Saks, of Washington, DC, and Michael E. Lee, of Houston, TX, Howrey Simon Arnold & White, LLP;  and Donald L. Traut, Dekalb Genetics, Legal Department, of Dekalb, IL.