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Mycogen Plant Science, Inc. v. Monsanto Company

The court affirmed a jury verdict of patent invalidity for two patents for a process to genetically engineer plant genes for the purpose of protecting plants from insect pests.

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Appealed from: United States District Court for the District of Delaware

Judge Roderick R. McKelvie

Mycogen Plant Science, Inc. and Agrigenetics, Inc. (collectively, “Mycogen”) appeal the decision of the United States District Court for the District of Delaware upholding a jury verdict of patent invalidity pursuant to 35 U.S.C. � 102(g) in favor of Monsanto Company, DeKalb Genetics Corporation, and Delta and Pine Land Company (collectively, “Monsanto”). The patents at issue in this trial are U.S. Patent No. 5,567,600 (“the ’600 patent”) and U.S. Patent No. 5,567,862 (“the ’862 patent”). Mycogen also appeals the denial of its motion for a new trial, portions of the district court’s claim construction, portions of the jury instructions relating to simultaneous conception and reduction to practice, and the district court’s grant of judgment as a matter of law (“JMOL”) of patent invalidity due to lack of enablement pursuant to 35 U.S.C. � 112.

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