Monsanto Company v. E.I. Dupont De Nemours and Company et al

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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MONSANTO COMPANY and
MONSANTO TECHNOLOGY LLC,
Plaintiffs,
vs.
E.I. DUPONT DE NEMOURS AND
COMPANY and PIONEER HI-BRED
INTERNATIONAL, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 4:09CV00686 ERW

MEMORANDUM AND ORDER

This matter comes before the Court on Defendants E.I. Du Pont De Nemours and Company
and Pioneer Hi-Bred International, Inc.’s (collectively, “Defendants”) Motion for Partial Summary
Judgment of Claims Regarding Corn Products (Counts I, VIII and IX and Counterclaim Counts Eight
and Eleven) [ECF No. 1085].
In light of Plaintiffs Monsanto Company and Monsanto Technology LLC’s (collectively,
“Monsanto”) response [ECF No. 1169] to Defendants’ E.I. Du Pont de Nemours and Company and
Pioneer Hi-Bred International, Inc.’s (collectively, “Defendants”) Motion for Partial Summary
Judgment of Claims Regarding Corn Products [ECF No. 1085], the Court will dismiss with prejudice
Monsanto’s claims regarding corn products. Defendants may renew their request for attorneys’ fees
and costs from litigating these claims after the jury returns its verdict in the patent/contract trial
scheduled to commence July 9, 2012.

Accordingly,
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.
Dated this 5th day of June, 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

2