Monsanto Co. v. Bayer Bioscience, N.V. (formerly known as Aventis CropScience N.V.) (Fed. Cir.)

March 30, 2004 on 9:01 pm | In Caselaw |

Monsanto Co. v. Bayer Bioscience, N.V. (formerly known as Aventis CropScience N.V.)
Federal Circuit, March 30, 2004
“Monsanto Company filed an action … seeking a declaratory judgment that its transgenic corn products did not infringe four patents owned by Aventis … The patents at issue claim a variety of methods and products relating to the insertion of bacterial DNA into plants to give the plants resistance to certain insects. Besides contending that it did not infringe any of the four patents, Monsanto alleged that the four patents were unenforceable and that various claims of the patents were invalid. Aventis counterclaimed, alleging that Monsanto infringed certain claims of each of the four patents….We hold that the district court improperly granted summary judgment on Monsanto’s inequitable conduct claim, on its collateral estoppel claim, and on its noninfringement claim based on the construction of the claim term “Bt2.” Accordingly, we reverse the summary judgment against Bayer and remand for further proceedings.”
Copy of the case here. Errata notice here.

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