Biagro Western Sales, Inc. et al. v. Grow More, Inc., (2005)

Extract

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Biagro Western Sales, Inc. et al. v. Grow More, Inc., (2005)

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

United States Court of Appeals for the Federal Circuit

BIAGRO WESTERN SALES, INC. and

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,

Plaintiffs-Appellants,

v.

GROW MORE, INC.,

Defendant-Appellee.

Mark D. Miller, Kimble, MacMichael & Upton, of Fresno, California, argued for plaintiffs-appellants. With him on the brief were Robert W. Branch and Mary Ann Bluhm.

Alan L. Unikel, Seyfarth Shaw LLP, of Chicago, Illinois, argued for defendant-appellee. With him on the brief was Joseph R. Lanser.

Appealed from: United States District Court for the Eastern District of California

Senior Judge Robert E. Coyle

United States Court of Appeals for the Federal Circuit 04-1414

BIAGRO WESTERN SALES, INC. and

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,

Plaintiffs-Appellants,

v.

GROW MORE, INC.,

Defendant-Appellee.

DECIDED: September 13, 2005

Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

PLAGER, Senior Circuit Judge.

In this patent infringement case, Biagro Western Sales, Inc. ("Biagro") and The Regents of the University of California ("The Regents") sued Grow More, Inc. ("Grow More") in the United States District Court for the Eastern District of California. At issue is U.S. Patent No. 5,830,255 ("the '255 patent"), which is entitled "Formulation of Phosphorus Fertilizer for Plants." The Regents are the assignee and Biagro is the exclusive licensee of the '255 patent.

On cross-motions for summary ju...

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