Monsanto Company v. E.I. Dupont De Nemours and Company et al
| Monsanto Company |
| E.I. Dupont De Nemours and Company and Pioneer Hi-Bred International, Inc. |
| 4:2009cv00686 |
| May 4, 2009 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| E. Richard Webber |
| Plaintiff |
| 28 U.S.C. ยง 1338 Patent Infringement |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1661
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Monsanto's Motion to Unseal Orders Rejecting Defendants' Claims that They Had Rights to Stack and Access Monsanto's Regulatory Data [ECF No. 1583 ] is GRANTED. IT IS FURTHER ORDERED t hat the two June 6, 2012, Orders [ECF Nos. 1308 , 1309 ] and the Hatch-Waxman Order [ECF No. 1447 at 6-7, Monsanto's Motion to Exclude All Evidence Regarding Defendants' Hatch-Waxman Safe Harbor Defense] are UNSEALED. IT IS FURTHER ORDERED that the December 21, 2011 Memorandum and Order [ECFNo. 974], as redacted, is UNSEALED. Signed by District Judge E. Richard Webber on November 16, 2012. (BRP)
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Filing
1650
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Monsanto's Motion to Strike Defendants' Requests for Judgment as a Matter of Law for Failure to Preserve under Fed. R. Civ. P. 50 [ECF No. 1621] is GRANTED. Pioneer's following requests for JMOL with supporting memoranda are stricken: (See Order for details.) Signed by District Judge E. Richard Webber on November 2, 2012. (MCB)
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Filing
1590
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendants' Motion to Strike Monsanto's Amended Counterclaims [ECF No. 1448 ] is GRANTED. IT IS FURTHER ORDERED that Monsanto shall file an Answer that comports with this Order by September 21, 2012. IT IS FURTHER ORDERED that both parties shall file redacted versions of their respective pleadings suitable for public viewing by September 21, 2012. Signed by District Judge E. Richard Webber on 08/30/2012. (CBL)
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Filing
1549
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion for Judgment as a Matter of Law Matter of No Infringement under the Doctrine of Equivalents Pursuant to Fed. R. Civ. P. 50(a) 1526 is DENIED. Signed by District Judge E. Richard Webber on July 30, 2012. (MCB)
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Filing
1521
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion for Judgment as a Matter of Law Matter of Law on the Issue of Willfulness is DENIED. Signed by District Judge E. Richard Webber on July 20, 2012. (MCB)
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Filing
1483
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that evidence that Defendants no longer plan to commercialize RR/OGAT soybeans is inadmissible. Signed by Honorable E. Richard Webber on 07/11/2012. (CBL)
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Filing
1307
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion [ECF No. 1085 ] is DENIED as MOOT. IT IS FURTHER ORDERED that Monsanto's claims regarding only corn products (Count I, Patent Infringement, 65; Count VIII, Breach of Contract -- Corn License Agreement, 110-116; Count IX -- Corn License Agreement, 117-122 [ECF No. 4 ]) are DISMISSED WITH PREJUDICE. Signed by Honorable E. Richard Webber on June 5, 2012. (BRP)
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Filing
1005
MEMORANDUM AND ORDER: Regarding October 28, 2011 Order [ECF No. 937 ]. IT IS HEREBY ORDERED that Monsanto shall produce to the Defendants the redacted version of the Monsanto-Syngenta license agreements and amendments previously produced to the Court within ten (10) days of this Order. Signed by Honorable E. Richard Webber on January 10, 2012. (BRP)
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Filing
1001
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Monsantos Motion to Strike Defendants Late and Previously Unidentified Patent Invalidity Allegations [ECF No. 930 ] is DENIED. IT IS FURTHER ORDERED that Monsantos Emergency Motion to Strike Prior Art and Related Invalidity Contentions First Disclosed in Expert Reports and Cumulative Expert Reports and Testimony [ECF No. 963 ] is DENIED. Signed by Honorable E. Richard Webber on 1/5/12. (KJS)
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Filing
853
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties shall: (1) exchange any further objections to the opposing party's privilige log on or before September 1, 2011; (2) meet and confer about those objections on or before September 7, 201 1; and (3) file a notice with the Court identifying the 100 withheld documents from the opposing party they would like the Court to review, and arrange to have any challenged documents from the newly-revised privilege logs provided to the Court, on or before September 12, 2011. Signed by Honorable E. Richard Webber on August 30, 2011. (MCB)
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Filing
837
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Compel Monsanto's Compliance with this Court's May 10, 2011 Order [ECF No. 803 ] is GRANTED, in part and DENIED, in part, as set forth above. IT IS FURTHER ORDERED that Monsanto shall, no later than September 5, 2011, certify to the Court that it has fully complied with its obligations under the Court's May 10, 2011 Order and under this Order. Signed by Honorable E. Richard Webber on August 23, 2011. (BRP)
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Filing
812
MEMORANDUM AND ORDER re: 767 Cross MOTION to Compel and 750 Ninth MOTION to Compel. IT IS HEREBY ORDERED that the parties shall, no later than August 1, 2011, complete their review of the highlighted or challenged documents on their respective pr ivilege logs and either de-designate those documents as privileged or provide them to the Court for in camera review. IT IS FURTHER ORDERED that the parties shall complete a full review of their respective privilege logs and de-designate documents as appropriate, and produce that revised privilege log to the opposing party no later than August 19, 2011. The parties shall then meet and confer and produce to the Court, for in camera review, any remaining challenged documents no later than August 2 6, 2011. IT IS FURTHER ORDERED that for all documents produced for in camera review, the party claiming privilege must (1) supply the Court with information about the role of each person of significance mentioned in the document, (2) produce redacted and unredacted versions of allpartially redacted documents, (3) produce the documents in hard copy and as pdf files, containedon a CD, USB drive, or other similar digital storage mechanism. Signed by Honorable E. Richard Webber on July 22, 2011. (MCB)
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Filing
791
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants shall, no later than June 20, 2011, produce the disputed documents in unredacted form to Monsanto or submit them to the Court for in camera review. (Response to Court due by 6/20/2011). Signed by Honorable E. Richard Webber on 6/13/11. (KLH)
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Filing
788
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion Concerning Monsanto's Late Production of an Essential Custodian Document [doc. #725] is DENIED. Signed by Honorable E. Richard Webber on June 9, 2011. (MCB)
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Filing
766
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants shall, no later than June 3, 2011, produce the six disputed documents to Monsanto in unredacted form or submit them to the Court for in camera review. Signed by Honorable E. Richard Webber on May 27, 2011. (MCB)
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Filing
765
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion to Compel Supplemental Answers to Interrogatories [doc. #655] is DENIED. Signed by Honorable E. Richard Webber on May 26, 2011. (MCB)
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Filing
761
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Fifth Motion to Compel 640 and Sixth Motion to Compel 652 are GRANTED, to the extent they seek documents that should have been produced under the terms of the parties' ESI Stip ulation, and are otherwise DENIED. For each category of requested documents in these Motions, Monsanto shall produce additional documents to fulfill its obligations under the Stipulation, or file a notice with the Court no later than June 3, 2011, certifying that the requested documents are either not subject to the Stipulation or do not exist. Signed by Honorable E. Richard Webber on May 20, 2011. (BRP)
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Filing
756
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Monsanto's Fifth Motion to Compel [doc. 638] is GRANTED. To the extent Defendants wish to pursue their claims for reformation based on mutual mistake and unilateral mistake coupled with knowing sil ence, they have waived attorney-client privilege with respect to legal advice concerning their stacking rights under the RR license agreements and the subsequent YG license agreement. Defendants shall therefore either voluntarily dismiss these reformation claims or produce to Monsanto all documents bearing on these issues that it previously withheld and identified as privileged on privilege logs. Signed by Honorable E. Richard Webber on 05/17/2011. (BRP)
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Filing
752
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion to Compel a Finding of Waiver Related to the Filing of U.S. Patent No. RE39,247 613 is GRANTED. Monsanto has waived attorney-client privilege with respect to legal advice concer ning the role of the PCT application in its decision to seek reissue of the 435 Patent, and shall therefore produce to Defendants all privileged documents on that topic that it previously withheld and identified on privilege logs. Signed by Honorable E. Richard Webber on May 10, 2011. (MCB)
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Filing
702
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants' Emergency Motion Concerning the Court's March 30, 2011 Order [doc. #687] is DENIED. Defendants are allowed seven additional days, until April 16, 2011, to identify up to five supplemental custodians. Signed by Honorable E. Richard Webber on April 7, 2011. (MGK)
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Filing
665
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the parties shall meet and confer as set forth in this Order and report the results of said meet and confer to the Court no later than 3:00 p.m. on March 22, 2011. Response to Court due by 3/22/2011. Signed by Honorable E. Richard Webber on March 18, 2011. (MGK)
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Filing
654
MEMORANDUM AND ORDER. The Court is aware of the Joint Motion to Amend Certain Case Management Order Deadlines [doc. #632] and Monsanto's Motion to Deem Defendants' Summary Judgment Motions as Filed on June 1, 2011 [doc. #648]. The Court is working to complete it's Order relating to Defendants' Second Motion to Compel [doc. #493] and will make no further rulings on other pending matters before issuing this Order. Until such ruling, the Court will not be considering other pending motions or suggestions for modification of the Third Amended Case Management Order. Signed by Honorable E. Richard Webber on 3/9/11. (KLH)
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Filing
550
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Monsanto's Motion for Partial Summary Judgment of Infringement of Claims 116, 119, 122 and 125 of the '247 Patent [doc. #94] is DENIED, with leave to re-file following the completion of discov ery. IT IS FURTHER ORDERED that Defendants' Motion for Continuance and Discovery pursuant to Fed. R. Civ. P. 56(e) [doc. #107] is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment of Invalidity for Improperly Broadened Reissue Claims [doc. #215] is DENIED, with leave to refile following the completion of discovery. IT IS FURTHER ORDERED that Defendants Motion to Extend Date to Disclose Opinions of Counsel [doc. #319] is GRANTED. Defendants shal l make the relevant disclosures, to the extent Defendants elect to do so, no later than February 20, 2011. IT IS FURTHER ORDERED that Defendants' Motion to Bifurcate and Stay Discovery with respect to Willful Infringement pursuant to Fed. R. Civ . P. 42(b) [doc. #328] is DENIED. IT IS FURTHER ORDERED that Monsanto's Motion to Dismiss Certain Antitrust, Patent and Contract Counterclaims and/or Strike Certain Patent and Contract Affirmative Defenses [doc. #334] is DENIED. IT IS FURTHER OR DERED that Monsanto's Motion for Extension of Time [doc.#337] is GRANTED. Monsanto shall file its Answer to Defendants Second Amended Answer and Counterclaims no later than February 20, 2011. IT IS FURTHER ORDERED that Monsantos Motion to Confir m Defendants Electionnot to Rely on the Advice of Counsel to Defend against Willful Infringement [doc. #399] is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion to Modify the November 2, 2010 Markman Memorandum and Order [doc. #447 ] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion for Leave to File a Surreply in Opposition to Monsanto's Motion to Dismiss Certain Antitrust or Patent Counterclaims and/or to Strike Certain Patent Affirmative Defenses [doc. #477] is DENIED, as moot. Signed by Honorable E. Richard Webber on January 31, 2011. (MGK)
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Filing
475
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Monsanto's First Motion to Compel [doc. #376] is GRANTED, as set forth above in Section II. IT IS FURTHER ORDERED that Defendants' Motion to Compel [doc. #389] is GRANTED, in part and DENIED, i n part. Defendants' Motion is granted with respect to regulatory documents related to Roundup Ready products and other products allegedly covered by the '247 Patent, documentation of Monsanto's decision on the inclusion of SEQ ID NO:70 in the '696 Patent, documents concerning the scope of the claims in the patent-in-suit and the products those claims cover, documents concerning secondary indicia of non-obviousness, documents concerning the negotiation and drafting of the Yiel dGard agreement, and documents concerning certain prior litigations, and is otherwise denied.IT IS FURTHER ORDERED that Monsanto's Motion to Unseal November 2, 2010Memorandum and Order on Claim Construction [doc. #437] is GRANTED. Signed by Honorable E. Richard Webber on December 7, 2010. (MCB)
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Filing
463
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Third-Party Movant Crop Production Services, Inc. and its counsel John P. Mandler shall return to the Court all sealed documents from this litigation no later than December 2, 2010. Signed by Honorable E. Richard Webber on 11/29/2010. (KMS)
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Filing
124
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Monsanto's Motion for Partial Judgment on the Pleadings [doc. #40] is GRANTED. As a result, Monsanto is entitled to judgment in its favor on Pioneer's Count Eleven for a declaratory judgment. IT IS FURTHER ORDERED that Pioneer's Motion to Dismiss Count II of Plaintiffs' Complaint [doc. #18] is DENIED. Signed by Honorable E. Richard Webber on January 15, 2010. (MGK)
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Filing
77
MEMORANDUM AND ORDER re: 35 MOTION to Stay Discovery and for Separate Trial of Defendants' Antitrust Counterclaims filed by Plaintiff Monsanto Company, Plaintiff Monsanto Technology LLC motion is GRANTED, in part and DENIED, in part. Signed by Honorable E. Richard Webber on September 16, 2009. (MCB)
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