United States Federal Circuit

Defendant was properly found to have breached its Technology Agreement with plaintiff by replanting some patented soybeans. Damages award is vacated and remanded; under Missouri law, the provision in the Agreement applying a 120 multiplier to the technology fee is an unenforceable and invalid penalty clause.

Appellate Information

• Decided 04/09/2004
• Published 04/09/2004

Judges

• CLEVENGER, Circuit Judge., Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Seth P. Waxman,Wilmer, Cutler & Pickering, of Washington, DC, argued for plaintiff-appellee.   Also on the brief was Joseph C. Orlet,Husch & Eppenberger, LLC, of St. Louis, MO., Jim Waide, Waide & Associates, P.A., of Tupelo, MS, argued for defendant-appellant.