United States Federal Circuit

In a dispute concerning patented plant seeds, jury award for patent infringement is affirmed where defendant did not show that it was unlawful, clearly not supported by the evidence, or based only on speculation or guesswork; however, the award of contract-based damages is vacated since they are excessive.

Appellate Information

• Decided 09/07/2004
• Published 09/07/2004

Judges

• LOURIE, Circuit Judge., Before LOURIE, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Seth P. Waxman, Wilmer Cutler Pickering LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief was Joseph C. Orlet, Husch & Eppenberger, LLC, of St. Louis, Missouri., James L. Robertson, Wise Carter Child & Caraway P.A., of Jackson, Mississippi, argued for defendant-appellant.