United States Federal Circuit

In a patent infringement case relating to chimeric genes brought by plaintiff asserting that its transgenic corn products did not infringe certain of defendant-Bayer's patents, which were invalid and unenforceable, judgment against Bayer declaring the asserted patent claims invalid, unenforceable, and non-infringed are affirmed as the district court properly concluded one patent was unenforceable for inequitable conduct and it had jurisdiction to declare the other patents unenforceable.

Appellate Information

• Decided 01/25/2008
• Published 01/25/2008

Judges

• GAJARSA, Circuit Judge., Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Susan K. Knoll, Howrey LLP, of Houston, Texas, argued for plaintiff-appellee.   With her on the brief were Steven G. Spears, Daniel T. Shvodian, and Michelle C. Replogle., George Pazuniak, Womble Carlyle Sandridge & Rice, PLLC, of Wilmington, Delaware, argued for defendant-appellant.   With him on the brief was Anna Martina Linnea Tyreus.   Of counsel on the brief was Virginia Whitne Hoptman, of Tysons Corner, Virginia.   Of counsel was Timothy G. Barber, of Charlotte, North Carolina.