Barton et al or Fischhoff et al v. Adang et al. - Page 12




          Interference 103,781                                                        
                    Whereas Monsanto, the common assignee of the                      
               Barton et al. and Fischhoff et al. applications has                    
               named the party Fischhoff et al. as the prior inventor                 
               of count 1, pursuant to 37 CFR 1.602(a) and 1.610(e)                   
               judgement is hereby entered against Barton et al.                      
               as to the subject matter of count 1.  Accordingly,                     
               Kenneth A. Barton and Michael J. Miller are not                        
               entitled to a patent containing Claims 1-4, 7, and                     
               15-22 corresponding to count 1.  The interference                      
               will continue as Fischhoff et al. v. Adang et al.                      
               June 27, 1997 - Barton filed notice under 35 U.S.C. §§ 141             
          and 142 of appeal to the U.S. Court of Appeals for the Federal              
          Circuit from the judgment of the Board of Patent Appeals and                
          Interferences entered June 17, 1997 (Paper No. 55).                         
               February 5, 1998 - The U.S. District Court for the District            
          of Delaware entered a judgment (Mycogen Plant Science, Inc. v.              
          Monsanto Co., No. 96-505 (D. Del. Feb. 5, 1998)) in an action               
          brought by Mycogen Plant Science, Inc., and Agrigenetics Inc.               
          against Monsanto Co., DeKalb Genetics Corp., and Delta and Pine             
          Land Co. for infringement of two Mycogen patents (Adang et al.,             
          U.S. Patent 5,567,862, entitled “Synthetic Insecticidal Crystal             
          Protein Gene,” issued October 22, 1996, from U.S. Application               
          08/369,839, filed January 6, 1995; and Adang et al., U.S. Patent            
          5,567,600, entitled “Synthetic Insecticidal Crystal Protein                 
          Gene,” issued October 22, 1996, from U.S. Application 08/369,835,           
          filed January 6, 1995).  A jury rendered a verdict that                     
          (1) defendants’ products did not literally infringe any of the              
          contested claims of Mycogen’s patents, and (2) all of the                   
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