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United States Federal Circuit


PLANT GENETIC SYS., N.V. v. DEKALB GENETICS CORP., 02-1011

The district court properly found 1) patent claims were invalid for lack of enablement where defendant established a need for undue experimentation, and 2) non-infringement where the properly construed claims did not cover the defendant's products.

Appellate Information

  • Decided 01/13/2003
  • Published 01/13/2003

Judges

  • MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Eric H. Weisblatt,Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for plaintiff-appellant.   With him on the brief were Susan J. Dadio, R. Danny Huntington, and Barbara Webb Walker.

  • For Appellees:
  • John F. Lynch, Howrey Simon Arnold & White, LLP, of Houston, TX, argued for defendant-appellee.   With him on the brief were Thomas A. Miller, and Richard L. Stanley.   Of counsel on the brief Daniel T. Shvodian, Howrey Simon Arnold & White, LLP, of Menlo Park, CA. Of counsel was Hemant H. Kewalramani, Howrey Simon Arnold & White, LLP, of Houston, TX.
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