United States Federal Circuit

Summary judgment of noninfringement, inequitable conduct, and collateral estoppel was erroneously entered for plaintiff in this declaratory action; the district court applied an erroneous construction of the claim term "Bt2" to defendant's patents, which relate to a method of genetically engineering plants.

Appellate Information

• Decided 03/30/2004
• Published 03/30/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John F. Lynch,Howrey Simon Arnold & White, LLP, of Houston, TX, argued for plaintiff-appellee.   With him on the brief were Susan K. Knoll, Richard L. Stanley, Steven G. Spears, and Connie Flores Jones. Of counsel on the brief was Joseph P. Conran, Husch & Eppenberger, of St. Louis, MO., Eric H. Weisblatt, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for defendant-appellant.   With him on the brief were Susan M. Dadio, R. Danny Huntington, Ronni S. Jillions, Barbara Webb Walker, and Bruce T. Wieder.