Monsanto Company v. Bayer BioScience, et al.

Federal Court Proceeding Missouri Eastern District Court, Case No. Unknown
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Last Updated July 28, 2017 at 11:58 PM EDT (8.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Counter-Claimant: Bayer Bioscience NV
Defendant: Bayer Bioscience NV
Movant: Dow AgroSciences, LLC, Pioneer Hi-Bred International, Inc., WAYNE M. BARNES
Counter-Defendant: Monsanto Company
Plaintiff: Monsanto Company
Attributes
Timeline
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Legal Document (Payment Possibly Required) 931 Filed: 5/19/2008, Entered: None
USCA (for the Federal Circuit) Judgment re USCA Appeal #: 2007-1299 (KLH) (Entered: 05/19/2008)
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Legal Document (Payment Possibly Required) 930 Filed: 4/28/2008, Entered: None
JUDGMENT AND OPINION from USCA (for the Federal Circuit) re USCA Appeal #: 2007-1299, Affirmed. (KLH) (Entered: 04/28/2008)
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Legal Document (Payment Possibly Required) 929 Filed: 4/28/2008, Entered: None
JUDGMENT AND OPINION from USCA (for the Federal Circuit) re USCA Appeal #: 2007-1109, Affirmed. (KLH) (Entered: 04/28/2008)
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Legal Document (Payment Possibly Required) 928 Filed: 4/8/2008, Entered: None
OPINION from USCA (Federal Circuit) ERRATA re 927 OPINION from USCA (Federal Circuit)(KLH) (Entered: 04/08/2008)
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Legal Document (Payment Possibly Required) 927 Filed: 1/29/2008, Entered: None
OPINION from USCA (Federal Circuit) re 903 Notice of Appeal: USCA Appeal #: 2007-1109. AFFIRMED. (KLH) (Entered: 01/29/2008)
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Legal Document (Payment Possibly Required) 926 Filed: 5/11/2007, Entered: None Court Filing
TRANSCRIPT ORDER REQUEST (Transcript Already on File) by Bayer BioScience N.V. for proceedings of Equitable Conduct Hearing for proceedings held on 2/21/2006-2/24/2006 court reporter Moran and Kriegshauser before Judge Webber. (Pake, Lisa) (Entered: 05/11/2007)
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Legal Document (Payment Possibly Required) 925 Filed: 5/7/2007, Entered: None
LETTER from USCA for the Federal Circuit/ USCA for the Federal Circuit Appeal #: 2007-1299 Notice of Docketing(JMW) (Entered: 05/07/2007)
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Legal Document (Payment Possibly Required) 924 Filed: 4/23/2007, Entered: None
NOTICE OF APPEAL as to 922 Judgment - (Generic - will NOT rule a motion or term case/parties) by Defendant Bayer BioScience N.V.. Filing fee $ 455, receipt number 1079631.(Pake, Lisa) (Entered: 04/23/2007)
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Legal Document (Payment Possibly Required) 923 Filed: 4/12/2007, Entered: None
Bill of Costs Taxed in amount of $ $138,880.46 against Bayer Cropscience, N.V. (BAK, ) (Entered: 04/12/2007)
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Legal Document (Payment Possibly Required) 922 Filed: 4/12/2007, Entered: None Court Filing
JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant Bayer BioScience N.V. shall pay $8,514,062.10 to Plaintiff Monsanto Company in costs and attorney's fees. Signed by Judge E. Richard Webber on 4/12/07. (BAK, ) (Entered: 04/12/2007)
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Legal Document (Payment Possibly Required) 921 Filed: 4/12/2007, Entered: None Court Filing
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff Monsanto's Motion for Costs 895 is granted. The Clerk of the Court shall tax costs in favor of Plaintiffs against Defendants in the amount of $138,880.46. IT IS FURTHER ORDERED that Plaintiff Monsanto's Motion for a finding of exceptional case and for an award of attorneys' fees 898 is GRANTED. Defendant are ordered to pay attorneys' fees in the amount of $8,375,181.64 . Signed by Judge E. Richard Webber on 4/12/07. (BAK, ) (Entered: 04/12/2007)
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Legal Document (Payment Possibly Required) 920 Filed: 1/29/2007, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Telephone Conference held on 10/27/05 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/29/2007)
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Legal Document (Payment Possibly Required) 919 Filed: 1/29/2007, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Pretrial Conference -- Volume II held on 10/26/05 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/29/2007)
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Legal Document (Payment Possibly Required) 918 Filed: 1/29/2007, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Pretrial Conference -- Volume I held on 10/17/05 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/29/2007)
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Legal Document (Payment Possibly Required) 917 Filed: 1/29/2007, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Status Conference held on 6/1/04 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/29/2007)
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Legal Document (Payment Possibly Required) 916 Filed: 1/12/2007, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Jury Trial -- Volume 1 held on 10/31/05 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/12/2007)
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Legal Document (Payment Possibly Required) 915 Filed: 1/4/2007, Entered: None
TRANSCRIPT ORDER REQUEST for the Federal Circuit by Bayer BioScience N.V.. (Pake, Lisa) (Entered: 01/04/2007)
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Legal Document (Payment Possibly Required) 914 Filed: 12/26/2006, Entered: None
Initial Notification from USCA for the Federal Circuit re 903 Notice of Appeal, filed by Bayer BioScience N.V., Appeal Number: 2007-1109(KLH, ) (Entered: 12/26/2006)
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Legal Document (Payment Possibly Required) 913 Filed: 12/18/2006, Entered: None
Appeal Transmittal - The following has been resent to USCA for the Federal circuit, Washington DC.)(DLT) (Entered: 12/18/2006)
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Legal Document (Payment Possibly Required) 912 Filed: 11/28/2006, Entered: None
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 903 Notice of Appeal,. Notice of Appeal filed on 10/24/2006. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE(DLT) (Entered: 11/28/2006)
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Sealed Legal Document 911 Filed: 11/17/2006, Entered: None
SEALED DOCUMENT Exhibits 8 - 23, inclusive, : re 910 Reply to Response to Motion, by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 11/27/2006)
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Legal Document (Payment Possibly Required) 910 Filed: 11/17/2006, Entered: None
REPLY to Response to Motion re 898 MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees filed by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit 6 to reply# 2 Exhibit 7 to Reply# 3 Exhibit 24 to reply# 4 exhibit 25 to reply# 5 exhibit 26 to reply# 6 exhibit 27 to reply# 7 Notice of filing exhibits 8-23 to reply under seal)(MCB) (Entered: 11/20/2006)
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Legal Document (Payment Possibly Required) 909 Filed: 11/17/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Monsanto Company's Reply Brief In Support Of Its Motion For Determination Of Exceptional Case Under 35 U.S.C. 285 Award Of Attorneys' Fees And Costs, by Plaintiff Monsanto Company. (Attachments: # 1 Monsanto's Reply Brief In Support Of Its Motion For Determination Of Exceptional Case Under 35 U.S.C. 285 Award Of Attorneys' Fees And Costs# 2 Ex. 6 to Reply# 3 Ex. 7 to Reply# 4 Ex. 24 to Reply# 5 Ex. 25 to Reply# 6 Ex. 26 to Reply# 7 Ex. 27 to Reply# 8 Notice of Filing Ex. 8-23 to Reply Under Seal)(Conran, Joseph) (Entered: 11/17/2006)
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Legal Document (Payment Possibly Required) 908 Filed: 11/7/2006, Entered: None
MOTION for Extension of: Time to Reply to Bayer's Response to Monsanto's Motion for Determinatin of Exceptional Case Under 35 U.S.C. 285 and Award of Attorneys' Fees by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 11/07/2006)
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Sealed Legal Document 907 Filed: 10/31/2006, Entered: None
SEALED DOCUMENT (Declaration of Gary Greenfield with Exhibits 1 - 22) re 906 Response in Opposition to Motion, by Defendant Bayer BioScience N.V.. (MCB) Modified on 11/1/2006 (MCB). (Entered: 11/01/2006)
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Legal Document (Payment Possibly Required) 906 Filed: 10/31/2006, Entered: None
RESPONSE in Opposition re 898 MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees, 895 MOTION for Bill of Costs filed by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Pake, Lisa) (Entered: 10/31/2006)
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Legal Document (Payment Possibly Required) 905 Filed: 10/31/2006, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Declaration of Gary Greenfield and attached exhibits: (Pake, Lisa) (Entered: 10/31/2006)
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Legal Document (Payment Possibly Required) 904 Filed: 10/31/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Bayer's Response to Monsanto's Motion for Determination of Exceptional Case by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/31/2006)
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Legal Document (Payment Possibly Required) 903 Filed: 10/24/2006, Entered: None
NOTICE OF APPEAL as to 902 Judgment - (Generic - will NOT rule a motion or term case/parties), Judgment - (Generic - will NOT rule a motion or term case/parties), Judgment - (Generic - will NOT rule a motion or term case/parties), Judgment - (Generic - will NOT rule a motion or term case/parties), Judgment - (Generic - will NOT rule a motion or term case/parties) by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/24/2006)
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Legal Document (Payment Possibly Required) 902 Filed: 9/25/2006, Entered: None Court Filing
FINAL JUDGMENT - IT IS HEREBY ORDERED AND ADJUDGED that a jury has determined by its verdicts that as to Infringement, Bayer has not shown by a preponderance of the evidence that on or after August 13, 1996, Monsanto's MON 810 Bt corn has infringed any of the asserted claims of the '565 patent; that as to Prior Invention, Monsanto has shown by clear and convincing evidence that the asserted claims of the '565 patent are invalid because Dr. Fischhoff and Dr. Perlak at Monsanto invented the claimed subject matter before Bayer; that as to Obviousness, Monsanto has shown by clear and convincing evidence that the asserted claims of the '565 parent are invalid because theclaimed invention is obvious in view of the prior art; that no damages are awarded in favor of Bayer against Monsanto; and that Bayer has not shown by clear and convincing evidence that Monsanto's MON 810 willfully infringed. IT IS FURTHER ORDERED AND ADJUDGED that as to equitable issues before the Court, U.S. Patents 5,254,799; 5,767,372; 6,107,546; and 5,545,565 are unenforceable due to Bayer's inequitable conduct during patent prosecution. Signed by Judge E. Richard Webber on 9/25/2006. (JMW) (Entered: 09/25/2006)
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Legal Document (Payment Possibly Required) 901 Filed: 9/18/2006, Entered: None
MOTION for Extension of Time to File Response/Reply as to 898 MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees, 895 MOTION for Bill of Costs by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/18/2006)
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Sealed Legal Document 900 Filed: 9/12/2006, Entered: None
DECLARATION OF SUSAN K. KNOLL with exhibits attached filed by Plaintiff Monsanto Company re 898 MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees; FILED UNDER SEAL. (MCB) (Entered: 09/13/2006)
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Sealed Legal Document 899 Filed: 9/12/2006, Entered: None
DECLARATION OF JOSEPH P. CONRAN with Exhibits 1-3 attached filed by Plaintiff Monsanto Company re 898 MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees ; FILED UNDER SEAL. (MCB) Modified on 9/13/2006 (MCB). (Entered: 09/13/2006)
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Legal Document (Payment Possibly Required) 898 Filed: 9/12/2006, Entered: None
MOTION for Attorney Fees For Determination of Exceptional Case Under 35 U.S.C. ss 285 and Award of Attorneys' Fees by Plaintiff Monsanto Company. (Attachments: # 1 # 2 # 3 # 4 # 5)(Conran, Joseph) (Entered: 09/12/2006)
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Legal Document (Payment Possibly Required) 897 Filed: 9/12/2006, Entered: None
NOTICE of Filing Exhibit with the Clerk's Office in paper format by Plaintiff Monsanto Company re 895 MOTION for Bill of Costs (Conran, Joseph) (Entered: 09/12/2006)
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Legal Document (Payment Possibly Required) 896 Filed: 9/12/2006, Entered: None
MEMORANDUM in Support of Motion re 895 MOTION for Bill of Costs filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/12/2006)
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Legal Document (Payment Possibly Required) 895 Filed: 9/12/2006, Entered: None
MOTION for Bill of Costs by Plaintiff Monsanto Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Conran, Joseph) (Entered: 09/12/2006)
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Legal Document (Payment Possibly Required) 894 Filed: 8/28/2006, Entered: None Court Filing
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that U.S. Patents 5,254,799; 5,767,372; 6,107,546; and 5,545,565 are unenforceable due to Bayer's inequitable conduct during patent prosecution. IT IS FURTHER ORDERED that Bayer's Post-Trial Motion for Judgment as a Matter of Law [doc. #867] is DENIED. Signed by Judge E. Richard Webber on 8/28/2006. (JMW) (Entered: 08/28/2006)
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Legal Document (Payment Possibly Required) 893 Filed: 6/2/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Closing Arguments -- Vol V held on 5/5/06 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 06/02/2006)
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Legal Document (Payment Possibly Required) 892 Filed: 5/10/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Inequitable Conduct Hearing, Volume IV, Part C held on 2/24/06 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 05/10/2006)
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Legal Document (Payment Possibly Required) 891 Filed: 5/10/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Inequitable Conduct Hearing, Volume III, Part B held on 2/23/06 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 05/10/2006)
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Legal Document (Payment Possibly Required) 890 Filed: 5/10/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Inequitable Conduct Hearing, Volume II, Part B held on 2/22/06 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 05/10/2006)
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Legal Document (Payment Possibly Required) 889 Filed: 5/10/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of Inequitable Conduct Hearing, Volume I, Part B held on 2/21/06 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 05/10/2006)
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Sealed Legal Document 888 Filed: 5/5/2006, Entered: None
Sealed Document Receipt by Defendant Bayer BioScience N.V. document number returned; 881 - Third Post Trial Brief on Inequitable Conduct. (MCB) (Entered: 05/05/2006)
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Legal Document (Payment Possibly Required) 887 Filed: 5/5/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Parties present for closing arguments on the non-jury trial. Argumens of counsel heard. Court takes matter under submission. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (proceedings started: 8:10 a.m.) (proceedings ended: 11:55 a.m.) (MCB) (Entered: 05/05/2006)
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Legal Document (Payment Possibly Required) 886 Filed: 5/4/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of JURY TRIAL, VOLUME XVII held on november 22, 2006 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 05/04/2006)
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Legal Document (Payment Possibly Required) 885 Filed: 5/4/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) proceedings of JURY TRIAL VOLUME XVI held on NOVEMBER 21, 2006 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 05/04/2006)
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Legal Document (Payment Possibly Required) 884 Filed: 5/2/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Conference held on 5/2/2006. Parties present for telephone conference on Bayer's Motion for Leave to File Third Post-Trial Brief on Inequitable Conduct #882. Counsel heard. Bayer withdrew the Third Post Trial Brief. Hearing on Friday will begin at 8:00 a.m. and each side is given 1 1/2 hours per side. (Court Reporter or FTR Gold Operator initials:G. Madden.) (proceedings started: 9:00.) (proceedings ended: 9:15.) (MCB) (Entered: 05/02/2006)
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Legal Document (Payment Possibly Required) 883 Filed: 5/1/2006, Entered: None
RESPONSE to Post Trial Brief Monsanto's Opposition to Bayer's Motion For Leave To File Third Post-Trial Brief On Inequitable Conduct And Motion For Leave To Reconsider Order Permitting Same by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 05/01/2006)
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Legal Document (Payment Possibly Required) 882 Filed: 5/1/2006, Entered: None
MOTION for Leave to File Third Post-Trial Brief by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 05/01/2006)
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Legal Document (Payment Possibly Required) 881 Filed: 4/28/2006, Entered: None
THIRD POST TRIAL BRIEF ON INEQUITABLE CONDUCT by Defendant Bayer BioScience N.V.; (MCB) SEALED DOCUMENT RETURNED on 5/5/2006 - SEE SEALED DOCUMENT RECEIPT #888 (MCB). (Entered: 05/01/2006)
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Legal Document (Payment Possibly Required) 880 Filed: 4/28/2006, Entered: None
REPLY to Response to Motion re 867 MOTION for Judgment as a Matter of Law Post-Trial filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 04/28/2006)
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Legal Document (Payment Possibly Required) 879 Filed: 4/28/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Third Post-Trial Brief by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 04/28/2006)
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Legal Document (Payment Possibly Required) 878 Filed: 4/28/2006, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer's Third Post-Trial Brief: (Pake, Lisa) (Entered: 04/28/2006)
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Sealed Legal Document 877 Filed: 4/13/2006, Entered: None
SECOND POST TRIAL BRIEF ON INEQUITABLE CONDUCT (FILED UNDER SEAL) by Defendant Bayer BioScience N.V.(BAK, ) (Entered: 04/13/2006)
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Legal Document (Payment Possibly Required) 876 Filed: 4/12/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation re Opposition to Bayer's Renewed Motion for JMOL and for a New Trial by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 875 Filed: 4/12/2006, Entered: None
RESPONSE in Opposition re 867 MOTION for Judgment as a Matter of Law Post-Trial and for new trial filed by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 874 Filed: 4/12/2006, Entered: None
MEMORANDUM Responsive Post-Trial Inequitable Conduct Brief by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit A)(Spears, Steven) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 873 Filed: 4/12/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation re Responsive Post-Trial Inequitable Conduct Brief by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 872 Filed: 4/12/2006, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer's Second Post-Trial Brief: (Pake, Lisa) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 871 Filed: 4/12/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Its Second Post-Trial Brief by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 04/12/2006)
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Legal Document (Payment Possibly Required) 870 Filed: 3/22/2006, Entered: None
NOTICE by Plaintiff Monsanto Company Filing of Copies of Admitted Exhibits: (Attachments: # 1 Ex. A List Of Admitted PTX and JTX Exhibits)(Conran, Joseph) (Entered: 03/22/2006)
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Sealed Legal Document 869 Filed: 3/17/2006, Entered: None
FIRST POST TRIAL BRIEF ON INEQUITABLE CONDUCT by Defendant Bayer BioScience N.V. (FILED UNDER SEAL) (JMW) (Entered: 03/20/2006)
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Legal Document (Payment Possibly Required) 868 Filed: 3/17/2006, Entered: None
MEMORANDUM in Support of Motion re 867 MOTION for Judgment as a Matter of Law Post-Trial filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 03/17/2006)
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Legal Document (Payment Possibly Required) 867 Filed: 3/17/2006, Entered: None
MOTION for Judgment as a Matter of Law Post-Trial by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 03/17/2006)
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Legal Document (Payment Possibly Required) 866 Filed: 3/17/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Memorandum in Support of JMOL by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 03/17/2006)
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Legal Document (Payment Possibly Required) 865 Filed: 3/17/2006, Entered: None
MOTION for Leave to File in Excess of Page Limitation Post-Trial Brief by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 03/17/2006)
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Legal Document (Payment Possibly Required) 864 Filed: 3/17/2006, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Post-Trial Brief Under Seal: (Pake, Lisa) (Entered: 03/17/2006)
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Legal Document (Payment Possibly Required) 863 Filed: 3/17/2006, Entered: None
POST TRIAL BRIEF ON INEQUITABLE CONDUCT by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 03/17/2006)
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Sealed Legal Document 862 Filed: 3/14/2006, Entered: None
SEALED DOCUMENT re Court's Order during 853 Bench Trial, by Defendant Bayer BioScience N.V(BAK, ) (Entered: 03/14/2006)
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Legal Document (Payment Possibly Required) 861 Filed: 3/14/2006, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal: (Pake, Lisa) (Entered: 03/14/2006)
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Legal Document (Payment Possibly Required) 860 Filed: 2/28/2006, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Deposition Designations of Wouter Meulemanns and Celeste Mariani Played During Trial: (Attachments: # 1 Exhibit A# 2 Exhibit B)(Spears, Steven) (Entered: 02/28/2006)
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Legal Document (Payment Possibly Required) 859 Filed: 2/24/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Bench Trial completed on 2/24/2006. Oral Motion for Judgment as a matter of law at close of case made and overruled/denied. (Court Reporter or FTR Gold Operator initials: D. Kriegshauser (A.M.) and G. Madden (P.M.)) (FTR Gold yes or no: no) (proceedings started: 8:30 a.m.) (proceedings ended: 8:22 p.m.) (Attachments: # 1 Witness List# 2 Exhibit List) (JMW) (Entered: 02/28/2006)
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Legal Document (Payment Possibly Required) 858 Filed: 2/27/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Inequitable Conduct Hearing Volume IV, Part A held on 2/24/06 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 857 Filed: 2/27/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Inequitable Conduct Hearing, Volume II, Part A held on 2/22/06 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 856 Filed: 2/27/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Inequitable Conduct Hearing, Volume I, Part A held on 2/21/06 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 855 Filed: 2/27/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Inequitable Conduct Hearing, Volume IV, Part B held on 2/24/06 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 854 Filed: 2/27/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Inequitable Conduct Hearing, Volume III, Part A held on 2/23/06 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 853 Filed: 2/23/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : NON-JURY TRIAL DAY THREE resumed but not concluded 2/23/2006. Proceeding to continue Friday, 2/24/2006 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials: Gayle Madden (A.M.) and Sue Moran (P.M.)) (FTR Gold yes or no: no) (proceedings started: 8:32 a.m.) (proceedings ended: 5:30 a.m.) (JMW) (Entered: 02/24/2006)
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Legal Document (Payment Possibly Required) 852 Filed: 2/22/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : NON-JURY TRIAL DAY TWO resumed but not concluded 2/22/2006. Plaintiff's counsel addressed issues that needed resolution before calling their sixth witness. Proceedings to continue Thursday, 02/23/2006 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials: D. Kriegshauser (A.M.) and S. Moran (P.M.).) (FTR Gold yes or no: no) (proceedings started: 8:30 a.m.) (proceedings ended: 5:50 p.m.) (JMW) (Entered: 02/24/2006)
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Legal Document (Payment Possibly Required) 851 Filed: 2/23/2006, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Deposition Designations of Marc Cornelissen, Stefan Jansens, Marnix Peferoen and Arlette Reynaerts Played During Trial: (Attachments: # 1 Exhibit A# 2 Exhibit B--Part 1# 3 Exhibit B--Part 2# 4 Exhibit C# 5 Exhibit D)(Spears, Steven) (Entered: 02/23/2006)
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Legal Document (Payment Possibly Required) 850 Filed: 2/21/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Non-Jury trial Day One; Opening statesments of plaintiff and defendant made; Plaintiff's evidence commenced but not concluded; Related matters taken up before the plaintiff's evidence commenced; issues heard; no ruing made at this time. Proceedings to continue 2/22/06 at 8:30 a.m.Bench Trial held on 2/21/2006. (Court Reporter or FTR Gold Operator initials:Debbie Kriegshauser/ Sue Moran.) (FTR Gold yes or no: no.) (proceedings started: 8:31.) (proceedings ended: 5:15.) (Attachments: # 1 Witness List# 2 Exhibit List) (BAK, ) (Entered: 02/22/2006)
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Legal Document (Payment Possibly Required) 849 Filed: 2/17/2006, Entered: None
MOTION for Leave to Appear Pro Hac Vice filed by attorney Michelle C. Replogle to represent Plaintiff Monsanto Company, Counter Defendants Monsanto Company, Monsanto Company. (BDC) (Entered: 02/21/2006)
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Legal Document (Payment Possibly Required) 848 Filed: 2/17/2006, Entered: None
MOTION for Leave to Appear Pro Hac Vice filed by attorney Jon R. Pierce to represent Plaintiff Monsanto Company, Counter Defendants Monsanto Company, Monsanto Company. (BDC) (Entered: 02/21/2006)
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Legal Document (Payment Possibly Required) 847 Filed: 2/21/2006, Entered: None
MOTION for Leave to File Monsanto's Notice of Supplemental Authority by Plaintiff Monsanto Company. (Attachments: # 1 Monsanto's Notice of Supplemental Authority# 2 Exhibit A to Notice of Supplemental Authority)(Conran, Joseph) (Entered: 02/21/2006)
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Sealed Legal Document 846 Filed: 2/14/2006, Entered: None
MONSANTO COMPANY'S SUPPLEMENTAL RESPONSES TO DEFENDANT'S INTERROGATORIES NOS. 3, 4 AND 6 filed UNDER SEAL WITH THE EXPERT REPORT OF JOHN T. GOOLKASIAN FILED UNDER SEAL by Plaintiff Monsanto Company.(BDC) (Entered: 02/14/2006)
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Legal Document (Payment Possibly Required) 845 Filed: 2/14/2006, Entered: None
TRIAL BRIEF entitled Monsanto Company's Reply Brief on Inequitable Conduct by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit 1# 2 Notice of Filing Exhibits 2 and 3 Under Seal)(Conran, Joseph) (Entered: 02/14/2006)
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Legal Document (Payment Possibly Required) 844 Filed: 2/8/2006, Entered: None
TRIAL BRIEF on Inequitable Conduct by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 02/08/2006)
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Legal Document (Payment Possibly Required) 843 Filed: 2/3/2006, Entered: None
MOTION to Withdraw as Attorney for Bayer BioScience N.V. ;attorney/firm Burns Doane Swecker and Mathis, LLP (nka Buchanan Ingersoll P.C.), including Eric H. Weisblatt, Susan M. Dadio, George A. Hovanec, Jr., and Regis E. Slutter by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 02/03/2006)
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Legal Document (Payment Possibly Required) 842 Filed: 2/1/2006, Entered: None
STIPULATION (JOINT) ON POST TRIAL BRIEFING by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 02/01/2006)
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Legal Document (Payment Possibly Required) 841 Filed: 2/1/2006, Entered: None
TRIAL BRIEF ON INEQUITABLE CONDUCT by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 02/01/2006)
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Legal Document (Payment Possibly Required) 840 Filed: 1/30/2006, Entered: None
Exhibit List As Supplemented 1-30-06 for Inequitable Conduct Hearing by Defendant Bayer BioScience N.V... (Pake, Lisa) (Entered: 01/30/2006)
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Legal Document (Payment Possibly Required) 839 Filed: 1/30/2006, Entered: None
SUPPLEMENTAL Exhibit List for Inequitable Conduct Hearing by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 01/30/2006)
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Legal Document (Payment Possibly Required) 838 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol XV held on 11/19/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 837 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol XIV, Part B held on 11/18/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 836 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol XII, Part B held on 11/16/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 835 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol X, Part B held on 11/14/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 834 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol IX, Part A held on 11/10/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 833 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol VII, Part A held on 11/8/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 832 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol V, Part A held on 11/4/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 831 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol IV, Part B held on 11/3/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 830 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol II, Part B held on 11/1/05 before Judge E. Richard Webber. Court Reporter: D. Kriegshauser. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 829 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol XIII, Part B held on 11/17/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 828 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol XI, Part B held on 11/15/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 827 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol VIII, Part B held on 11/9/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 826 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol IX, Part B held on 11/10/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 825 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol V, Part B held on 11/4/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 824 Filed: 1/25/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Jury Trial -- Vol III, Part B held on 11/2/05 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 01/25/2006)
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Legal Document (Payment Possibly Required) 823 Filed: 1/24/2006, Entered: None
Exhibit List (First Revised) for Inequitable Conduct Hearing by Defendant Bayer BioScience N.V... (Pake, Lisa) (Entered: 01/24/2006)
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Legal Document (Payment Possibly Required) 822 Filed: 1/23/2006, Entered: None
Exhibit List for Inequitable Conduct Hearing filed by Defendant Bayer BioScience N.V... (Pake, Lisa) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 821 Filed: 1/23/2006, Entered: None
Witness List by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 820 Filed: 1/23/2006, Entered: None
Exhibit List For Inequitable Conduct Hearing by Plaintiff Monsanto Company.. (Spears, Steven) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 819 Filed: 1/23/2006, Entered: None
Witness List by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 01/23/2006)
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Legal Document (Payment Possibly Required) 818 Filed: 1/20/2006, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED that the opening statements shall be limited to 15 minutes for each side. Closing arguments will be limited to one-hour.IT IS FURTHER ORDERED that if deposition testimony is offered that was offered in the jury trial, the parties shall replay such testimony in full at the hearing. The parties shall play deposition testimony in video format during the hearing, rather than submitting the respective deposition transcripts or videos for in camera review by the Court. IT IS FURTHER ORDERED that all documents bates numbered ACS900001 through ACS 900254 will be admissible subject only to relevance objections. All documents can be addressed, subject to relevancy objections, by witnesses with personal knowledge, any expert thatdiscussed that particular topic in his or her expert report, or by the attorneys in briefing and closing arguments. IT IS FURTHER ORDERED that the parties shall submit findings of fact and conclusions of law following the equitable conduct hearing. IT IS FURTHER ORDERED that no later than February 1, 2006, the parties shall file a joint proposed scheduling plan. The scheduling plan shall contain: (1) a briefing schedule for thefiling of post-hearing findings of fact and conclusions of law and (2) briefing schedules for the filing of any other post-jury trial motions.IT IS FURTHER ORDERED that the parties' case presentations shall be divided evenly between the two parties. Time spent arguing an objection will be charged to the party making the objection. Time used during cross-examination will be charged to the party cross-examining the witness. The parties have the responsibility of keeping track of the time used by each party. IT IS FURTHER ORDERED that the parties need not provide the Court with courtesycopies of exhibits unless otherwise directed by the Court. Signed by Judge E. Richard Webber on 01/20/2006. (BDC) (Entered: 01/20/2006)
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Legal Document (Payment Possibly Required) 817 Filed: 1/20/2006, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Status Conference held on 1/20/2006 re: Deadlines and time limits for second part of trial. Estimated time for trial - 4 days/Order to follow. (Court Reporter or FTR Gold Operator initials: G. Madden) (FTR Gold yes or no: no) (proceedings started: 3:00 p.m.) (proceedings ended: 3:15 p.m.) (JMW) (Entered: 01/20/2006)
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Legal Document (Payment Possibly Required) 816 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. XIV PART A held on NOVEMBER 18, 2005 before Judge E RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 815 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. XII PART A held on NOVEMBER 16, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 814 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. X, PART A held on NOVEMBER 14, 2005 before Judge E RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 813 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. VIII, PART A held on NOVEBER 9, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 812 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOLUME VI, PART A held on NOVEMBER 7, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 811 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. IV PART A held on NOVEMBER 3, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 810 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL III A held on NOVEMBER 2, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 809 Filed: 1/12/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. II PART A held on NOVEMBER 1, 2005 before Judge E. RICHARD WEBBER. Court Reporter: GAYLE BEILSMITH. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 808 Filed: 1/11/2006, Entered: None
Joint MOTION for Leave to Schedule Rule 16 Conference to Finalize Procedures for February 21 Hearing by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 01/11/2006)
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Legal Document (Payment Possibly Required) 807 Filed: 1/5/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. XIII PART A held on NOV. 17, 2005 before Judge E. RICHARD WEBBER. Court Reporter: ANGELA DALEY. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 806 Filed: 1/5/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. XI PART A held on NOV. 15, 2005 before Judge E. RICHARD WEBBER. Court Reporter: ANGELA DALEY. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 805 Filed: 1/5/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL.VII PART B held on NOV. 8, 2005 before Judge E. RICHARD WEBBER. Court Reporter: ANGELA DALEY. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 804 Filed: 1/5/2006, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of JURY TRIAL VOL. VI PART B held on NOV. 7, 2005 before Judge E. RICHARD WEBBER. Court Reporter: ANGELA DALEY. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (LMT, ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 803 Filed: 12/20/2005, Entered: None
Joint MOTION to Clarify Effect of December 7, 2005 Judgment And Proposed Order by Plaintiff Monsanto Company and by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit A)(Pake, Lisa) (Entered: 12/20/2005)
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Legal Document (Payment Possibly Required) 802 Filed: 12/7/2005, Entered: None
CLERK'S JUDGMENT (jgw)- IT IS HEREBY ORDERED AND ADJUDGED that as to Infringment, Bayer has not shown by a proponderance of the evidence that on or after August 13, 1996, Monsanto's MON 810 Bt corn has infringed any of the asserted claims of the '565 patent; that as to Prior Invention, Monsanto has shown by clear and convincing evidence that the asserted claims of the '565 patent are invalid because Dr. Fischhoff and Dr. Perlak at Monsanto invented the claimed subject matter before Bayer; that as to Obviousness, Monsanto has shown by clear and convincing evidence that the asserted claims of the '565 patent are invalid because the claimed invention is obvious in view of the prior art; that no damages are awarded in favor of Bayer against Monsanto; and that Bayer has not shown by clear and convincing evidence that Monsanto's MON 810 willfully infringed. (BAK, ) (Entered: 12/08/2005)
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Legal Document (Payment Possibly Required) 801 Filed: 12/6/2005, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED that Monsanto's Motion for Judgment as a Matter of Law [doc. #775] is GRANTED in part and DENIED in part. Monsanto's Motion is granted as to infringement under the Doctrine of Equivalents and Contributory and Induced Infringement. Monsanto's Motion is denied as to Prior Invention, Obviousness, Non-Infringement and Non-Willfulness. IT IS FURTHER ORDERED that Bayer's Renewed Motion for Judgment as a Matter of Law Regarding Prior Invention, Infringement, and Obviousness [doc. #793] is DENIED. (terminating 775 793 ). Signed by Judge E. Richard Webber on 12/6/05. (BDC) (Entered: 12/06/2005)
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Legal Document (Payment Possibly Required) 800 Filed: 11/23/2005, Entered: None
Deposition Receipt by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V. (BAK, ) (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 799 Filed: 11/23/2005, Entered: None
Exhibit Receipt by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V. (BAK, ) (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 798 Filed: 11/22/2005, Entered: None
Jury Notes Filed. (BAK, ) Additional attachment(s) added on 12/1/2005 (MCB, ). (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 797 Filed: 11/22/2005, Entered: None
JURY VERDICT For: Monsanto Company Against: Bayer BioScience. (BAK, ) (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 796 Filed: 11/22/2005, Entered: None
Court's Copy of Jury Instructions given on 11/21/05 filed. (BAK, ) Additional attachment(s) added on 11/29/2005 (MCB, ). Modified on 11/29/2005 (MCB). (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 795 Filed: 11/22/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Jury Trial DAY 16; Jury returns to continue deliberations; Motions for Judgment as a Matter of Law at the close of all evidence argued on the record and are denied; Verdict returned at 12:06 p.m.; On motion of the Court, the jury is polled. Depositions and exhibits are retained by counsel. (Court Reporter or FTR Gold Operator initials:Gayle Beilsmith.) (FTR Gold yes or no: no.) (proceedings started: 8:30.) (proceedings ended: 12:15.) (BAK, ) (Entered: 11/23/2005)
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Legal Document (Payment Possibly Required) 794 Filed: 11/21/2005, Entered: None Court Filing
Minute Entry JURY TRIAL DAY FIFTEEN for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/21/2005. Closing arguments of counsel made. Jury charged and retires to consider its verdict at 4:04 p.m. Jury unable to agree upon its verdict by 5:00 p.m. is excused to resume deliberations at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (proceedings started: 8:45.) (proceedings ended: 5:15.) (MCB) (Entered: 11/22/2005)
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Legal Document (Payment Possibly Required) 793 Filed: 11/22/2005, Entered: None
MOTION for Judgment as a Matter of Law At the Close of All the Evidence by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/22/2005)
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Legal Document (Payment Possibly Required) 792 Filed: 11/19/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : 11/19/2005 (Saturday). Parties present for hearing on motions for judgement as a matter of law. Counsel heard. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (proceedings started: 2:00.) (proceedings ended: 4:30.) (MCB) (Entered: 11/21/2005)
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Legal Document (Payment Possibly Required) 791 Filed: 11/21/2005, Entered: None
NOTICE by Plaintiff Monsanto Company re 789 Notice (Other) Response to Bayer's Notice of New Governing Law (Spears, Steven) (Entered: 11/21/2005)
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Legal Document (Payment Possibly Required) 790 Filed: 11/20/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Response to Monsanto's Supplemental Submission re Prior Art and Notice of Objection: (Pake, Lisa) (Entered: 11/20/2005)
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Legal Document (Payment Possibly Required) 789 Filed: 11/20/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of New Authority re Prior Invention: (Pake, Lisa) (Entered: 11/20/2005)
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Legal Document (Payment Possibly Required) 788 Filed: 11/20/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Bench Brief Regarding Disclosure of Disputed Prior Art During Discovery: (Spears, Steven) (Entered: 11/20/2005)
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Legal Document (Payment Possibly Required) 787 Filed: 11/20/2005, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Deposition Designations of Marnix Peferoen and Marc Cornelissen Played During Trial: (Spears, Steven) (Entered: 11/20/2005)
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Legal Document (Payment Possibly Required) 786 Filed: 11/19/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Bench Brief Regarding Obviousness Prior Art: (Spears, Steven) (Entered: 11/19/2005)
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Legal Document (Payment Possibly Required) 785 Filed: 11/19/2005, Entered: None
MOTION for Judgment as a Matter of Law (Reply Brief in Support) by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/19/2005)
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Legal Document (Payment Possibly Required) 784 Filed: 11/19/2005, Entered: None
MOTION to Amend/Correct Memorandum in Opposition to Monsanto's Motion for JMOL by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit Amended Opposition to JMOL)(Pake, Lisa) (Entered: 11/19/2005)
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Legal Document (Payment Possibly Required) 783 Filed: 11/18/2005, Entered: None
DUPLICATE OF NOTICE OF FILING OF DEPOSITION DESIGNATIONS OF THOMAS KLEVORN AND RONALD MEEUSEN WITHOUT THE ATTACHMENTS. REFER TO DOCUMENT #780 by Defendant Bayer BioScience N.V.. (Pake, Lisa) Modified on 11/21/2005 (MCB). (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 782 Filed: 11/18/2005, Entered: None
MEMORANDUM in Opposition re 775 MOTION for Judgment as a Matter of Law and Memorandum filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 781 Filed: 11/18/2005, Entered: None Court Filing
Minute Entry JURY TRIAL DAY FOURTEEN for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/18/2005. Prior to the jury's appearance, the Court and Counsel discussed deposition designations and jury instructions. Deft evidence concluded. Plaintiff's rebuttal evidence commenced and concluded. Jury released for the day and the Court and counsel resumed discussion of jury instructions. The Court is going to hear argument on motions for judgment as a matter of law on Saturday, November 19, 2005, at 2:00 p.m. (Court Reporter or FTR Gold Operator initials:Gayle Beilsmith - start until 11:05 a.m./Debbie Kriegshauser - 12:20 - 3:50.) (proceedings started: 7:50.) (proceedings ended: 3:50.) (Attachments: # 1 Witness list# 2 exhibit list) (MCB) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 780 Filed: 11/18/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Deposition Designations Read at trial of Ronald Meeusen (II) and Thomas Klevorn: (Attachments: # 1 Exhibit Meeusen (II)# 2 Exhibit Klevorn (Part 1)# 3 Exhibit Klevorn (Part 2))(Pake, Lisa) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 779 Filed: 11/18/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Revised Proposed Verdict Form: (Spears, Steven) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 778 Filed: 11/18/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 777 Filed: 11/17/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Deposition Designations of Pamela Keck and Ronald Meeusen: (Attachments: # 1 Exhibit Keck Designation# 2 Exhibit Meeusen I# 3 Exhibit Meeusen 2)(Pake, Lisa) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 776 Filed: 11/17/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 775 Filed: 11/17/2005, Entered: None
MOTION for Judgment as a Matter of Law and Memorandum by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 774 Filed: 11/17/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Jury Trial DAY 13. Defendant?s evidence resumed but was not concluded. Defendant?s Witnesses this date: Witness #7 Thomas Clayborn by video deposition and transcripts. Witness #8 Keith Newhouse commenced and concluded. Witness #9 Russell Parr commenced and concluded.Exhibits were identified. The Exhibit list is maintained by the Court.PROCEEDINGS ARE TO CONTINUE Friday 11/18/2005 AT 8:30 a.m. for counsel and 9:00 a.m. with the jury. (Court Reporters: Angela Daley-8:35 a.m. start until 12:15 p.m.) and after lunch recess, Sue Moran 1:20 p.m. to 5:20 p.m.-end) (FTR Gold yes or no: no.) (proceedings started: 08:35 a.m.) (proceedings ended: 5:20 p.m.) (BDC) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 773 Filed: 11/17/2005, Entered: None
MEMORANDUM of Law Regarding Inadmissiblity of Klevorn's Deposition Testimony From Prior Cases by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/17/2005)
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Legal Document (Payment Possibly Required) 772 Filed: 11/16/2005, Entered: None
MEMORANDUM (Objection) to Bayer's Attempted Improper Use of Its 2000 Settlement Agreement As Evidence Of A Reasonable Royalty by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/16/2005)
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Legal Document (Payment Possibly Required) 771 Filed: 11/16/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/16/2005)
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Legal Document (Payment Possibly Required) 770 Filed: 11/16/2005, Entered: None Court Filing
Minute Entry JURY TRIAL DAY TWELVE for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/16/2005. Proceedings are to continue Thursday, November 17, 2005 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:Gayle Beilsmith/Debbie Kriegshauser.) (proceedings started: 8:30 a.m..) (proceedings ended: 5:15 p.m.) (MCB) (Entered: 11/16/2005)
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Legal Document (Payment Possibly Required) 769 Filed: 11/15/2005, Entered: None Court Filing
Minute Entry JURY TRIAL DAY ELELEN for proceedings held before Judge E. Richard Webber : Jury trial resumed but not concluded. Deft's evidence resumed but not concluded. Proceedings to continue Wednesday at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:Angie Daley (until 12:00)/Sue Moran ( 1:35 - 5:30). (proceedings started: 8:00.) (proceedings ended: 5:30.) (MCB) (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 768 Filed: 11/15/2005, Entered: None
MOTION for Leave to Appear Pro Hac Vice John F. Morrow, Jr. by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (JMW) (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 767 Filed: 11/15/2005, Entered: None
MOTION for Leave to Appear Pro Hac Vice James Michael Lennon by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (JMW) Additional attachment(s) added on 11/15/2005 (JMW). Modified on 11/15/2005 (JMW), added the correct document. (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 766 Filed: 11/15/2005, Entered: None Court Filing
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Judgment as a Matter of Law doc.# 756 is GRANTED in part and DENIED in part. The Motion will be granted as itrelates to Monsanto's enablement defense. The Motion will be denied as it relates to Monsanto'sobviousness and prior inventorship defense. Signed by Judge E. Richard Webber on 11/15/05. (BDC) (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 765 Filed: 11/14/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/14/2005 ; day 10. Plaintiff's evidence resumed and concluded. Deft's evidence commenced but not concluded. Outside the presence of the jury, plaintiff offered exhibits as an offer of proof. The Court also heard counsel on Bayer's Motion for Judgment of Law at the close of plaintiff's case. Proceedings are to continue Tuesday 11/15/05 at 8:00 a.m. for counsel and 10:00 a.m. fo the jury.(Court Reporter:Gayle Beilsmith (7:35 - 12:25)/Debbie Kriegshauser (1:15 -5:25). (proceedings started: 7:35.) (proceedings ended: 5:25.) (MCB) Modified on 11/15/2005 (MCB). (Entered: 11/15/2005)
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Legal Document (Payment Possibly Required) 764 Filed: 11/14/2005, Entered: None
MEMORANDUM of Law Regarding Inadmissibility of Research Reports by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/14/2005)
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Legal Document (Payment Possibly Required) 763 Filed: 11/13/2005, Entered: None
REPLY to Response to Motion re 756 MOTION for Judgment as a Matter of Law filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/13/2005)
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Legal Document (Payment Possibly Required) 762 Filed: 11/13/2005, Entered: None
MEMORANDUM Regarding Monsanto's Objection to Meeusen Testimony by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/13/2005)
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Legal Document (Payment Possibly Required) 761 Filed: 11/12/2005, Entered: None
MEMORANDUM in Opposition re 756 MOTION for Judgment as a Matter of Law filed by Plaintiff Monsanto Company. (Spears, Steven) (Entered: 11/12/2005)
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Legal Document (Payment Possibly Required) 760 Filed: 11/10/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Parties present for: JURY TRIAL DAY NINE. Plaintiff's evidence resumed but was not concluded. See this document for additional details. PROCEEDINGS COMMENCED at 9:30 a.m. with counsel and the jury. PROCEEDINGS CONCLUDED at 4:30 p.m. with the jury. 5:00 p.m. with counsel. PROCEEDINGS ARE TO CONTINUE MONDAY 11/14/2005 at 7:30 a.m. with counsel and at 8:30 a.m. the jury.Court Reporters: Debbie Kriegshauser (9:30 a.m. start until 12:20 p.m.) and after lunch recess:Sue Moran (12:45 p.m. to 5:00 p.m. end). (FTR Gold yes or no: no.)(BDC) (Entered: 11/10/2005)
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Legal Document (Payment Possibly Required) 759 Filed: 11/10/2005, Entered: None Court Filing
ORDER denying 751 Motion to Enforce Signed by Judge E. Richard Webber on 11/10/05. (BAK, ) (Entered: 11/10/2005)
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Legal Document (Payment Possibly Required) 758 Filed: 11/10/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Deposition Designations of Jan Leemans and Gregory Warren Played During Trial: (Attachments: # 1 Exhibit A Jan Leemans Deposition Excerpts# 2 Exhibit B Gregory Warren Deposition Excerpts)(Conran, Joseph) (Entered: 11/10/2005)
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Legal Document (Payment Possibly Required) 757 Filed: 11/9/2005, Entered: None
MEMORANDUM in Support of Motion re 756 MOTION for Judgment as a Matter of Law filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/09/2005)
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Legal Document (Payment Possibly Required) 756 Filed: 11/9/2005, Entered: None
MOTION for Judgment as a Matter of Law by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/09/2005)
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Legal Document (Payment Possibly Required) 755 Filed: 11/9/2005, Entered: None
MEMORANDUM in Opposition re 751 MOTION to Enforce Claim Construction Order filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/09/2005)
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Legal Document (Payment Possibly Required) 754 Filed: 11/9/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Jury Trial DAY EIGHT. Plaintiff's evidence resumed but was not concluded. Court Reporters: Gayle Beilsmith (8:00 a.m. start until 12:10 p.m.) and after lunch recess: Sue Moran (1:10 p.m. to 5:25 p.m. end). (FTR Gold yes or no: no.) PROCEEDINGS COMMENCED at 8:00 a.m. with counsel. 8:35 a.m. with the jury. PROCEEDINGS CONCLUDED at 5:15 p.m. with the jury. 5:25 p.m. with counsel. PROCEEDINGS ARE TO CONTINUE THURSDAY 11/10/2005 at 9:30 a.m. with counsel and the jury. (see document for additional details) (BDC) (Entered: 11/09/2005)
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Legal Document (Payment Possibly Required) 753 Filed: 11/9/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Deposition Designations of Woulter Meulemanns Played During Trial: (Attachments: # 1 Exhibit A Excerpts from Woulter Meulemanns Deposition)(Conran, Joseph) (Entered: 11/09/2005)
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Legal Document (Payment Possibly Required) 752 Filed: 11/8/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Parties present for: JURY TRIAL DAY SEVEN. Plaintiff's evidence resumed but was not concluded. See document for additionl details. (Court Reporters: Debbie Kriegshauser (start until 12:10 p.m.) and after lunch recess: Angie Daley (12:45 p.m. to end).(FTR Gold yes or no: no.) Proceedings are to continue Wed. 11/9/2005 at 8:00 a.m. with counsel and 8:30 a.m. with the jury.(proceedings started: 8:30 a.m.) (proceedings ended: 4:45 p.m.)(BDC) (Entered: 11/08/2005)
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Legal Document (Payment Possibly Required) 751 Filed: 11/8/2005, Entered: None
MOTION to Enforce Claim Construction Order by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit 1)(Conran, Joseph) (Entered: 11/08/2005)
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Legal Document (Payment Possibly Required) 750 Filed: 11/7/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/7/2005 ; Day 6. Plaintiff evidence resumed but not concluded. Proceedings to continue Tuesday, 11/8/2005 at 9:00 a.m. (Court Reporter or FTR Gold Operator initials:Gayle Beilsmith (A.M.); Angela Daley (P.M.)) (FTR Gold yes or no: no) (proceedings started: 8:35 a.m.) (proceedings ended: 5:00 p.m.) (JMW) (Entered: 11/08/2005)
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Legal Document (Payment Possibly Required) 749 Filed: 11/7/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Deposition Designations of Celestine Mariani Played During Trial: (Attachments: # 1 Exhibit A Celestine Mariani Deposition Excerpts)(Conran, Joseph) (Entered: 11/07/2005)
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Legal Document (Payment Possibly Required) 748 Filed: 11/4/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/4/2005 ; Day 5. Plaintiff's evidence resumed but not concluded. Admissions and Interrogatories read into the record and received as evidence. Proceedings to continue Friday, November 7, 2005 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:D. Krieghauser (A.M.); Sue Moran (P.M.)) (FTR Gold yes or no: no) (proceedings started: 8:43 a.m.) (proceedings ended: 3:35 p.m.) (JMW) Modified on 11/10/2005 (JMW), amended the text to read Nov. 7, 2005 instead of Nov. 4 at 8:30 a.m.. (Entered: 11/04/2005)
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Legal Document (Payment Possibly Required) 747 Filed: 11/3/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Jury Trial resumed but not concluded 11/3/2005 ; Day 4. Plaintiff's evidence resumed but not concluded. Proceedings to continue Friday, November 4, 2005 at 8:30 a.m. (Court Reporter or FTR Gold Operator initials:G. Beilsmith (A.M.); D. Krieghauser (P.M.)) (FTR Gold yes or no: no) (proceedings started: 8:35 a.m.) (proceedings ended: 4:55 p.m.) (JMW) (Entered: 11/04/2005)
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Legal Document (Payment Possibly Required) 746 Filed: 11/2/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Jury Trial Day THREE. Plaintiff's evidence resumed but was not concluded. Proceedings are to continue 11/3/2005 at 8:30 a.m.(Court Reporters: G. Beilsmith a.m.; Sue Moran p.m.) (FTR Gold yes or no: no.) (proceedings started: 8:38 a.m.) (proceedings ended: 5:00 p.m.)(BDC) (Entered: 11/03/2005)
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Legal Document (Payment Possibly Required) 745 Filed: 11/3/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Deposition Designations of Pamela Marrone Played During Trial: (Attachments: # 1 Exhibit A Marrone Designations)(Conran, Joseph) (Entered: 11/03/2005)
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Legal Document (Payment Possibly Required) 744 Filed: 11/1/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Jury Trial DAY TWO. Jury was sworn. Opening Statements of Plaintiff and Defendant were made. Plaintiff's evidence commenced but was not concluded. Trial to continue Wednesday 11/2/2005 at 8:30 a.m. (Court Reporters: G. Beilsmith and D. Kriegshauser.) (FTR Gold yes or no: no.) (proceedings started: 9:15 a.m.) (proceedings ended: 5:00 p.m.) (BDC) (Entered: 11/01/2005)
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Legal Document (Payment Possibly Required) 743 Filed: 10/31/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Jury Trial DAY ONE held on 10/31/2005. Voir Dire commenced and concluded. Panel for trial to be sworn tomorrow. Court heard argument on motions (doc.#734-Plaintiff's Motion for Reconsideration; #740-Defendant's Motion to Enforce Order and #737-Defendant's Motion for Reconsideration. *Attached is a list of subject areas, corn products and companies passed to the panel during voir dire. (Court Reporter: Gayle Beilsmith.) (FTR Gold yes or no: no.) (proceedings started: 8:00 a.m.) (proceedings ended: 6:45 p.m.) (BDC, ) (Entered: 11/01/2005)
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Legal Document (Payment Possibly Required) 742 Filed: 11/1/2005, Entered: None Court Filing
ORDER - IT IS HEREBY ORDERED that Monsanto's Motion for Reconsideration Regarding Monsanto's Written Description Defense 734 is DENIED. IT IS FURTHER ORDERED that Bayer's Motion to Enforce Order Regarding Enablement 740 is GRANTED in part, and DENIED in part. Prior to introducing evidence related to expression levels in plants, Monsanto shall approach the bench and seek permission of the Court. IT IS FURTHER ORDERED that Bayer's Motion for Reconsideration, or Alternatively, to Amend Admission 737 is DENIED. IT IS FINALLY ORDERED that the Court has finalized the preliminary jury instructions. See Order for details relating to the Court's determination of specific objections of the parties. Signed by Judge E. Richard Webber on 11/1/05. (BAK, ) (Entered: 11/01/2005)
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Sealed Legal Document 741 Filed: 10/31/2005, Entered: None
RESPONSE in Opposition with attachment A & B re 740 MOTION to Enforce Order regarding enablement filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 740 Filed: 10/31/2005, Entered: None
MOTION to Enforce Order regarding enablement by Defendant Bayer BioScience N.V.(MCB) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 739 Filed: 10/31/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Attachments: # 1 Note: annotated version of Monsanto Company's Proposed Final Jury Instructions filed as main document; Non-Annotated version filed as attachment.)(Conran, Joseph) (Entered: 10/31/2005)
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Legal Document (Payment Possibly Required) 738 Filed: 10/30/2005, Entered: None
MEMORANDUM in Support of Motion re 737 MOTION for Reconsideration of Court's October 28, 2005 Order Relating to Plaintiff's Fourth Motion in Limine or Alternatively for Leave to Amend Response to Request for Admission Pursuant to Fed.R.Civ.P. 36(b) filed by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit A)(Pake, Lisa) (Entered: 10/30/2005)
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Legal Document (Payment Possibly Required) 737 Filed: 10/30/2005, Entered: None
MOTION for Reconsideration of Court's October 28, 2005 Order Relating to Plaintiff's Fourth Motion in Limine or Alternatively for Leave to Amend Response to Request for Admission Pursuant to Fed.R.Civ.P. 36(b) by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/30/2005)
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Legal Document (Payment Possibly Required) 736 Filed: 10/28/2005, Entered: None Court Filing
ORDER:... IT IS HEREBY ORDERED that Monsanto's First Motion in Limine to Exclude the Opinions of Russell Parr [doc. #638] is DENIED. IT IS FURTHER ORDERED that Monsanto's Second Motion in Limine Regarding Prior Trial Testimony by Non-Testifying Experts Drs. Hickle and Quemada [doc. #639] isGRANTED. IT IS FURTHER ORDERED that Monsanto's Third Motion in Limine Regarding Unrelated Monsanto Litigations [doc. #603] is GRANTED.IT IS FURTHER ORDERED that Monsanto's Fourth Motion in Limine RegardingCertain Testimony from Bayer Experts Jan Leemans and Harry Manbeck [doc. #640] is GRANTED in part and DENIED in part. Dr. Leemans will not be permitted to testify regarding invalidity. Dr. Leemans will be permitted to testify regarding infringement under the doctrine of equivalents to the extent of his opinions disclosed in his expert report. Bayer will notbe permitted to introduce evidence that its conception date was prior to April 18, 1985. Bayer will not be permitted to elicit opinions from Dr. Manbeck regarding technical issues; however, Dr. Manbeck will be permitted to testify regarding Monsanto's advice of counsel defense. IT IS FURTHER ORDERED that Monsanto's Fifth Motion in Limine Regarding Hearsay Documents [doc. #641] is GRANTED in part and DENIED in part. Bayer will be prohibited from introducing pages 50 and 204 of Lords of Harvest into evidence. Bayer shall not attempt to introduce any of the remainder of the book unless it is not offering it for the purpose of proving the truth of the matter asserted. The Stephens memorandum is inadmissable hearsay. So long as Bayer can lay the proper foundation, the September 1, 1995 document will be admissible if not offered to prove the truth of the matter asserted. IT IS FURTHER ORDERED that Monsanto's Sixth Motion in Limine to Preclude Bayer from Relying on Monsanto's Patent Prosecution and Biotechnology Paper as a Defense toMonsanto's Prior Invention Allegations [doc. #605] is DENIED. Bayer will be permitted to introduce evidence regarding Monsanto's failure to provoke an interference and the contrary results not included in the August 1997 Monsanto publication regarding success in creating insect resistant plants.IT IS FURTHER ORDERED that Monsanto's Seventh Motion in Limine PrecludingEvidence or Argument that Monsanto Needed to Know the Bt2 Sequence for a Conception [doc.#607] is GRANTED. The proper standard is whether the party had "knowledge of the chemical structure of the Bt gene fragment to such an extent that the fragment could adequately be distinguished from other chemical compounds." IT IS FURTHER ORDERED that Monsanto's Eighth Motion in Limine to Preclude Dr. Richard T. DeRose From Offering Opinion Testimony at Trial Beyond Providing a Tutorial on the Underlying Technology [doc. #609] is GRANTED in part and DENIED in part. Dr. DeRose will not be permitted to testify regarding RNA splicing. Dr. DeRose will be permitted to testify regarding (1) Bt toxins so long as his explanations do not go beyond what can be said of allgenes, (2) the description of a dalton, and (3) the process of determining molecular mass by SDS Page and western analysis. IT IS FURTHER ORDERED that Monsanto's Ninth Motion in Limine to Exclude U.S. Patent No. 5,994,526 and Testimony about the ACE Project [doc. #642] is GRANTED in part and DENIED in part. Bayer is not permitted to rely on the '526 patent or testimony related to the ACE project relating to technology developed after the filing of the '565 patent in support of enablement. Bayer will be permitted to rely on any technology described therein that was known at the time of the '565 patent filing if, and only if, all information and corresponding documents relating the alleged failure of the ACE project has already been produced to Monsanto. If Bayer plans to rely on any technology described therein that was known at the time of the '565 patent filing, an attorney for Bayer shall file with the Court, no later than Monday, October 31, 2005 at 3:00 p.m., a sworn affidavit representing that all information and corresponding documents relating the alleged failure of the ACE project were produced. IT IS FURTHER ORDERED that Monsanto's Tenth Motion in Limine to Preclude Bayer from Offering Any Evidence Regarding RNA Splicing as a Basis for Infringement [doc.#643] is GRANTED.IT IS FURTHER ORDERED that Monsanto's Eleventh Motion in Limine RegardingEvidence of Secondary Considerations Supporting Non-Obviousness [doc. #644] is GRANTED. IT IS FURTHER ORDERED that Monsanto's Twelfth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding an Alleged Ethical Violation by Mr. Goolkasian [doc. #611] is DENIED. IT IS FURTHER ORDERED that Monsanto's Thirteenth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding Infringement Under theDoctrine of Equivalents [doc. #645] is DENIED. IT IS FURTHER ORDERED that Bayer's First Motion in Limine to Preclude Monsanto from Arguing Prosecution Deficiencies or Irregularities to the Jury [doc. #619] is GRANTED in part and DENIED in part. Evidence and arguments relevant only to inequitable conduct will be precluded. Only those portions of the prosecution history not relevant to some other issue in the case will be precluded. Evidence of prosecution deficiencies or irregularities introduced for the purpose of proving invalidity will be precluded. IT IS FURTHER ORDERED that Bayer's Second Motion in Limine to Preclude Monsanto from Introducing Patent 5,959,091 to Watrud [doc. #621] is DENIED. IT IS FURTHER ORDERED that Bayer's Third Motion in Limine to Preclude Monsanto from Proffering to the Jury Any "Expert Testimony" on its Defense of Prior Invention [doc. #622] is DENIED.IT IS FURTHER ORDERED that Bayer's Fourth Motion in Limine to PrecludeMonsanto from Presenting Expert Testimony Regarding MON810 Protein Degradation during Western Blot Analysis [doc. #623] is DENIED. IT IS FURTHER ORDERED that Bayer's Fifth Motion in Limine to Preclude Certain Expert Testimony of Richard S. Cahoon [doc. #624] is GRANTED in part and DENIED in part. Mr. Cahoon's testimony will not be precluded to the extent that he is able to remove the influence on his hypothetical negotiation of (1) the aforementioned "real world factors" undermining the assumption that the patent was valid and infringed and (2) the assumption that Monsanto possessed knowledge of non-infringing alternatives (unless Bayer was provided alldiscovery on the alternative). If these two factors are intertwined with his analysis of them hypothetical negotiation to such an extent that they cannot be removed from that analysis, the testimony of Mr. Cahoon will be excluded.IT IS FURTHER ORDERED that Bayer?s Sixth Motion in Limine to PrecludeMonsanto from Presenting Opinions of Counsel [doc. #625] is GRANTED in part andDENIED in part. A redacted version of the March 21, 2002 letter is attached hereto. The 1997 and 2000 opinions of counsel will not be precluded.IT IS FURTHER ORDERED that Bayer's Seventh Motion in Limine to Exclude anyPost-Filing Date Evidence Related to Whether or Not the Claims of the Patent-In-Suit Are Enabled [doc. #626] is GRANTED in part and DENIED in part. Monsanto will not be precluded from introducing post-filing date evidence so long as the evidence is not "later knowledge about later art-related facts... which did not exist on the filing date." IT IS FURTHER ORDERED that Bayer's Eighth Motion in Limine to Exclude any Evidence Related to the Defense of Reverse Doctrine of Equivalents [doc. #628] is GRANTED.IT IS FURTHER ORDERED that Bayer's Ninth Motion in Limine to Bar EvidenceConcerning the Financial Terms of the 1993 License Agreement Between Pioneer and Monsanto [doc. #629] is DENIED.IT IS FURTHER ORDERED that Bayer's Tenth Motion in Limine to PrecludeMonsanto from Relying on its Research and Pipeline Activities at Trial [doc. #651] is GRANTED in part and DENIED in part. If Monsanto has produced all discovery related to a particular alternative, it will be permitted to rely on evidence relating to that alternative during the trial. If all discovery was not produced on a particular alternative, Monsanto will not be permitted to rely on any of the evidence related to that alternative. If Monsanto plans to rely on any alternative, an attorney for Monsanto shall file with the Court, no later than Monday, October 31, 2005 at 3:00 p.m., a sworn affidavit representing that all information and corresponding documents relating the particular alternative were produced. IT IS FURTHER ORDERED that Bayer's Eleventh Motion in Limine to Preclude Monsanto from Presenting Testimony of Inherency in Connection With Any of Its Obviousness or Prior Invention Defenses [doc. #630] is GRANTED in part and DENIED in part. Bayer'sMotion, as it relates to prior inventorship will be DENIED. To the extent that Monsanto is unable to present evidence that the inherent feature (the Bt2 protein sequence) was disclosed in the prior art, Monsanto will be precluded from presenting testimony of inherency in connection with its obviousness defense. IT IS FURTHER ORDERED that Bayer's Motion for Leave to Add Jozef Seurinck to Witness List [doc. #616] is DENIED. IT IS FURTHER ORDERED that Bayer's In-Court Motion to Present the Deposition Testimony of Ronald Meeusen in Two Parts is GRANTED. IT IS FINALLY ORDERED that Bayer's In-Court Motion for the Court to Set Order of Proof is GRANTED. Monsanto will present evidence on all issues first. Bayer will then have an opportunity to respond. Monsanto may then offer any rebuttal testimony if it is necessary. Finally, Bayer may offer rebuttal testimony if it is necessary, but only as to those issues uponwhich Bayer has the burden of proof. Signed by Judge E. Richard Webber on 10/28/2005. (Attachments: #(1)Attachment To Order) (terminating 603 605 607 609 611 616 619 621 622 623 624 625 626 628 629 630 638 639 640 641 642 643 644 645 651 )(BDC) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 735 Filed: 10/28/2005, Entered: None
Proposed Voir Dire by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 734 Filed: 10/28/2005, Entered: None
MOTION for Reconsideration and Memorandum Regarding Monsanto's Written Description Defense by Plaintiff Monsanto Company. (Attachments: # 1 Attachment A)(Conran, Joseph) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 733 Filed: 10/28/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V.. (Attachments: # 1 Note: Annotated version filed as main document; Non-Annotated version of Monsanto's & Bayer's Joint Proposed Preliminary Jury Instructions filed as attachment.)(Conran, Joseph) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 732 Filed: 10/27/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Conference held on 10/27/2005 concerning confidentiality issues. Briefs to be filed on Monday 10/31/05. Trial to start 10/31/05 @ 8:00 a.m. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (FTR Gold yes or no: no.) (proceedings started: 4:04.) (proceedings ended: 4:29.) (BAK, ) (Entered: 10/28/2005)
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Legal Document (Payment Possibly Required) 731 Filed: 10/26/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber: Final Pretrial Conference held on 10/26/2005. Motions in Limine were argued by counsel. Pretrial matters were discussed. Jury Trial set for 10/31/2005 08:30 AM before Honorable E. Richard Webber. (Court Reporter: Gayle Beilsmith.) (FTR Gold yes or no: no.) (proceedings started: 9:32 a.m.) (proceedings ended: 2:55 p.m.) (BDC) (Entered: 10/27/2005)
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Legal Document (Payment Possibly Required) 730 Filed: 10/25/2005, Entered: None Court Filing
STIPULATION AND ORDER re 729 Stipulation filed by Monsanto Company,, Bayer BioScience N.V. (SEE STIPULATION AND ORDER FOR DETAILS.) Signed by Judge E. Richard Webber on October 25, 2005. (MCB) (Entered: 10/26/2005)
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Legal Document (Payment Possibly Required) 729 Filed: 10/24/2005, Entered: None
STIPULATION regarding disclosure of evidence and other matters in advance of and during trial, by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V.. (Conran, Joseph) (Entered: 10/24/2005)
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Legal Document (Payment Possibly Required) 728 Filed: 10/17/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Initial Pretrial Conference held on 10/17/2005 re: Motions in Limine #'s 645, 616, 643, 625, 638 and 619. Counsel heard. Hearing continued to Wednesday, October 19, 2005 at 2:00 p.m. Pretrial Conference set for 10/19/2005 02:00 PM in Courtroom 12S before Honorable E. Richard Webber. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (proceedings started: 9:00.) (proceedings ended: 11:55.) (MCB) (Entered: 10/17/2005)
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Legal Document (Payment Possibly Required) 727 Filed: 10/17/2005, Entered: None
ENTRY of Appearance by Dutro E. Campbell, II for Plaintiff Monsanto Company. (Campbell, Dutro) (Entered: 10/17/2005)
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Legal Document (Payment Possibly Required) 726 Filed: 10/6/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Attachments: # 1 entitled "Monsanto Company's Supplemental Final Jury Instructions (Non-Annotated)")(Conran, Joseph) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 725 Filed: 10/6/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Attachments: # 1 entitled "Monsanto Company's Supplemental Final Jury Instructions (Annotated)")(Conran, Joseph) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 724 Filed: 10/6/2005, Entered: None
OBJECTION to Pretrial re 614 Interrogatory Answer List entitled "Monsanto's Objections to Bayer's List of Interrogatory Answers and Admissions for Use at Trial", filed by Plaintiff Monsanto Company. Related document: 614 Interrogatory Answer List filed by Bayer BioScience N.V.,.(Conran, Joseph) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 723 Filed: 10/6/2005, Entered: None
OBJECTION to Pretrial re 617 Exhibit List, 618 Exhibit List entitled "Monsanto's Objections to Bayer's Trial Exhibit List (Parts 1 and 2)", filed by Plaintiff Monsanto Company. Related document: 617 Exhibit List filed by Bayer BioScience N.V.,, 618 Exhibit List filed by Bayer BioScience N.V.,.(Conran, Joseph) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 722 Filed: 10/6/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Attachments: # 1 Proposed Clean Jury Instructions Part 2)(Pake, Lisa) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 721 Filed: 10/6/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Attachments: # 1 Part 2 of Annotated Jury Instructions)(Pake, Lisa) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 720 Filed: 10/6/2005, Entered: None
OBJECTION to Pretrial re 597 Exhibit List by Defendant Bayer BioScience N.V.. Related document: 597 Exhibit List filed by Monsanto Company,. (Attachments: # 1)(Pake, Lisa) (Entered: 10/06/2005)
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Legal Document (Payment Possibly Required) 719 Filed: 10/6/2005, Entered: None
OBJECTION to Pretrial re 596 Interrogatory Answer List and Admissions List by Defendant Bayer BioScience N.V.. Related document: 596 Interrogatory Answer List filed by Monsanto Company,.(Pake, Lisa) (Entered: 10/06/2005)
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Sealed Legal Document 718 Filed: 10/4/2005, Entered: None
AMENDED TRIAL BRIEF. FILED UNDER SEAL by Plaintiff Monsanto Company. (BDC) (Entered: 10/04/2005)
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Legal Document (Payment Possibly Required) 717 Filed: 10/4/2005, Entered: None
NOTICE by Plaintiff Monsanto Company re 716 MOTION for Leave to File Corrected Trial Brief Filing Corrected Trial Brief of Monsanto Company Under Seal: (Conran, Joseph) (Entered: 10/04/2005)
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Legal Document (Payment Possibly Required) 716 Filed: 10/4/2005, Entered: None
MOTION for Leave to File Corrected Trial Brief by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 10/04/2005)
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Sealed Legal Document 715 Filed: 10/3/2005, Entered: None
TRIAL BRIEF (FILED UNDER SEAL) by Defendant Bayer BioScience N.V.. (BDC) (Entered: 10/03/2005)
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Sealed Legal Document 714 Filed: 10/3/2005, Entered: None
TRIAL BRIEF (FILED UNDER SEAL) by Plaintiff Monsanto Company. (BDC) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 713 Filed: 10/3/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Trial Brief Under Seal: (Pake, Lisa) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 712 Filed: 10/3/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Monsanto's Trial Brief Under Seal: (Conran, Joseph) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 711 Filed: 9/30/2005, Entered: None
NOTICE by Plaintiff Monsanto Company entitled Monsanto Company's Notice Under 35 U.S.C. Section 282: (Conran, Joseph) (Entered: 09/30/2005)
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Sealed Legal Document 710 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 630 MOTION in Limine (Eleventh) to Preclude Monsanto from Presenting Testimony of Inherency in Connection With Any of Its Obviousness or Prior Invention Defenses filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 709 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 651 TENTH MOTION in Limine to preclude Monsanto from relying on its research and pipeline activities at trial filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 708 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 629 Ninth MOTION in Limine and Supporting Memorandum to Bar Evidence Concerning the Financial Terms of the 1993 License Agreement Between Pioneer and Monsanto filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 707 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 628 Eighth MOTION in Limine and Supporting Memorandum to Exclude any Evidence Related to the Defense of Reverse Doctrine of Equivalents filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 706 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 625 Sixth MOTION in Limine to Preclude Monsanto from Presenting Opinions of Counsel filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 705 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 624 Fifth MOTION in Limine to Preclude Certain Expert Testimony of Richard S. Cahoon filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 704 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 623 Fourth MOTION in Limine to Preclude Monsanto from Presenting Expert Testimony Regarding MON810 Protein Degradation during Western Blot Analysis filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 703 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 622 Third MOTION in Limine to Preclude Monsanto from Proferring to the Jury Any "Expert Testimony" on its Defense of Prior Invention filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 702 Filed: 9/29/2005, Entered: None
REPLY to Response to Motion re 621 Second MOTION in Limine to Preclude Monsanto from Introducing Patent 5,959,091 to Watrud filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 701 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 645 MOTION in Limine regarding infringement under the doctrine of equivalents filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 700 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 643 MOTION in Limine to preclude Bayer from offering any evidence regarding RNA Splicing as a basis for infringement filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 699 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 641 MOTION in Limine filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 698 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 640 MOTION in Limine filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 697 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 639 MOTION in Limine filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Sealed Legal Document 696 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 638 MOTION in Limine filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/29/2005)
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Legal Document (Payment Possibly Required) 695 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 611 MOTION in Limine - Monsanto's Twelfth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding an Alleged Ethical Violation by Mr. Goolkasian, filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 694 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 644 MOTION in Limine -Monsanto's Eleventh Motion in LImine regarding evidence of secondary considerations supporting non-obviousness filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 693 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 642 MOTION in Limine -Monsanto's Ninth Motion In Limine to Exclude US Patent No. 5,994k,526 and the ACE Project filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 692 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 609 MOTION in Limine - Monsanto's Eighth Motion in Limine to Preclude Dr. Richard T. DeRose From Offering Opinion Testimony at Trial Beyond Providing a Tutorial on the Underlying Technology, filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 691 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 607 MOTION in Limine - Monsanto's Seventh Motion in Limine Precluding Evidence or Argument that Monsanto Needed to Know the Bt2 Sequence for a Conception, filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 690 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 605 MOTION in Limine - Monsanto's Sixth Motion in Limine to Preclude Bayer from Relying on Monsanto's Patent Prosecution and Biotechnology Paper as a Defense to Monsanto's Prior Invention Allegations, filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 689 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 603 MOTION in Limine - Monsanto's Third Motion in Limine Regarding Unrelated Monsanto Litigations filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 688 Filed: 9/28/2005, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Certain Monsanto Replies in Support of Monsanto's Motions in Limine Under Seal (motion numbers 1, 2, 4, 5, 10 and 13): (Conran, Joseph) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 687 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 626 Seventh MOTION in Limine to Exclude any Post-Filing Date Evidence Related to Whether or Not the Claims of the Patent-In-Suit Are Enabled filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 686 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 619 First MOTION in Limine to Preclude Monsanto from Arguing Prosecution Deficiencies or Irregularities to the Jury filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 685 Filed: 9/28/2005, Entered: None
REPLY to Response to Motion re 616 MOTION for Leave to Add Jozef Seurinck to Witness List filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 684 Filed: 9/28/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Replies in Support of Motions in Limine Nos. 2-6, 8-11: (Pake, Lisa) (Entered: 09/28/2005)
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Legal Document (Payment Possibly Required) 683 Filed: 9/21/2005, Entered: None
Consent MOTION for Extension of Time to File Certain Pretrial Submissions ;Extension to file the following: (1) replies to motions in limine; (2) trial briefs; (3) objections to opposing exhibits, additional or modified jury instructions, and verdict form ;Proposed extension date (1) 9/23/2005; (2) 9/28/2005; (3) 10/3/2005 by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 682 Filed: 9/20/2005, Entered: None
MOTION to Withdraw as Attorney ;attorney/firm Ronald J. Eisenberg by Movant Dow Agroscience LLC. (Eisenberg, Ronald) (Entered: 09/20/2005)
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Sealed Legal Document 681 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 630 MOTION in Limine (Eleventh) to Preclude Monsanto from Presenting Testimony of Inherency in Connection With Any of Its Obviousness or Prior Invention Defenses filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 680 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 651 TENTH MOTION in Limine to preclude Monsanto from relying on its research and pipeline activities at trial filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 679 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 629 Ninth MOTION in Limine and Supporting Memorandum to Bar Evidence Concerning the Financial Terms of the 1993 License Agreement Between Pioneer and Monsanto filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 678 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 628 Eighth MOTION in Limine and Supporting Memorandum to Exclude any Evidence Related to the Defense of Reverse Doctrine of Equivalents filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 677 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 625 Sixth MOTION in Limine to Preclude Monsanto from Presenting Opinions of Counsel filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 676 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 624 Fifth MOTION in Limine to Preclude Certain Expert Testimony of Richard S. Cahoon filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 675 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 623 Fourth MOTION in Limine to Preclude Monsanto from Presenting Expert Testimony Regarding MON810 Protein Degradation during Western Blot Analysis filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 674 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 622 Third MOTION in Limine to Preclude Monsanto from Proferring to the Jury Any "Expert Testimony" on its Defense of Prior Invention filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 673 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 645 THIRTEENTH MOTION in Limine to preclude Bayer from introducing argument or evidence regarding infringement under the doctrine of equivalents filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 672 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 644 ELEVENTH MOTION in Limine regarding evidence related to "seconardy considerations" of obviousness filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 671 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 643 TENTH MOTION in Limine regarding RNA Splicing filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 670 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 642 NINTH MOTION in Limine regarding U.S. Patent 5,994,526 and testimony about the Ace project filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 669 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 607 MOTION in Limine - Monsanto's Seventh Motion in Limine Precluding Evidence or Argument that Monsanto Needed to Know the Bt2 Sequence for a Conception, filed by Defendant Bayer BioScience N.V. FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 668 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 605 MOTION in Limine - Monsanto's Sixth Motion in Limine to Preclude Bayer from Relying on Monsanto's Patent Prosecution and Biotechnology Paper as a Defense to Monsanto's Prior Invention Allegations, filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 667 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 641 FIFTH MOTION in Limine filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 666 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 640 FOURTH MOTION in Limine regarding certain testimony from Bayer experts Dr. Jan Leemans and Mr. Harry Manbeck filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Sealed Legal Document 665 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 639 SECOND MOTION in Limine regarding the prior trial testimony of Dr. Quemada filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (Entered: 09/20/2005)
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Sealed Legal Document 664 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 638 FIRST MOTION in Limine to exclude the opinions of Russell Parr filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/20/2005)
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Legal Document (Payment Possibly Required) 663 Filed: 9/16/2005, Entered: None
MEMORANDUM in Opposition re 626 Seventh MOTION in Limine to Exclude any Post-Filing Date Evidence Related to Whether or Not the Claims of the Patent-In-Suit Are Enabled filed by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Conran, Joseph) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 662 Filed: 9/16/2005, Entered: None
MEMORANDUM in Opposition re 621 Second MOTION in Limine to Preclude Monsanto from Introducing Patent 5,959,091 to Watrud filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 661 Filed: 9/16/2005, Entered: None
MEMORANDUM in Opposition re 619 First MOTION in Limine to Preclude Monsanto from Arguing Prosecution Deficiencies or Irregularities to the Jury filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 660 Filed: 9/16/2005, Entered: None
MEMORANDUM in Opposition re 616 MOTION for Leave to Add Jozef Seurinck to Witness List filed by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit 1)(Conran, Joseph) (Entered: 09/16/2005)
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Sealed Legal Document 659 Filed: 9/16/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation Monsanto's Opposition To Bayer's Fifth Motion In Limine To Preclude Expert Testimony Of Richard Cahoon (opposition filed under seal) by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 658 Filed: 9/16/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Certain Monsanto Oppositions to Bayer's Motions In Limine Under Seal (oppositions to Bayer's 3rd, 4th, 5th, 6th, 8th, 9th, 10th and 11th motions in limine): (Conran, Joseph) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 657 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 611 MOTION in Limine - Monsanto's Twelfth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding an Alleged Ethical Violation by Mr. Goolkasian, filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 656 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 609 MOTION in Limine - Monsanto's Eighth Motion in Limine to Preclude Dr. Richard T. DeRose From Offering Opinion Testimony at Trial Beyond Providing a Tutorial on the Underlying Technology, filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 655 Filed: 9/16/2005, Entered: None
RESPONSE in Opposition re 603 MOTION in Limine - Monsanto's Third Motion in Limine Regarding Unrelated Monsanto Litigations filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 654 Filed: 9/16/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal: (Pake, Lisa) (Entered: 09/16/2005)
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Legal Document (Payment Possibly Required) 653 Filed: 9/13/2005, Entered: None
MOTION for Extension of Time to File Response/Reply as to 616 MOTION for Leave to Add Jozef Seurinck to Witness List by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/13/2005)
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Sealed Legal Document 652 Filed: 9/8/2005, Entered: None
MEMORANDUM in Support of Motion re 630 MOTION in Limine (Eleventh) to Preclude Monsanto from Presenting Testimony of Inherency in Connection With Any of Its Obviousness or Prior Invention Defenses filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 651 Filed: 9/7/2005, Entered: None
TENTH MOTION in Limine to preclude Monsanto from relying on its research and pipeline activities at trial with memorandum in support by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 650 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 625 Sixth MOTION in Limine to Preclude Monsanto from Presenting Opinions of Counsel filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 649 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 624 Fifth MOTION in Limine to Preclude Certain Expert Testimony of Richard S. Cahoon filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 648 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 623 Fourth MOTION in Limine to Preclude Monsanto from Presenting Expert Testimony Regarding MON810 Protein Degradation during Western Blot Analysis filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 647 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 622 Third MOTION in Limine to Preclude Monsanto from Proferring to the Jury Any "Expert Testimony" on its Defense of Prior Invention filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 646 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 621 Second MOTION in Limine to Preclude Monsanto from Introducing Patent 5,959,091 to Watrud filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 645 Filed: 9/7/2005, Entered: None
THIRTEENTH MOTION in Limine to preclude Bayer from introducing argument or evidence regarding infringement under the doctrine of equivalents with memorandum in support and exhibits 1 and 2 attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 644 Filed: 9/7/2005, Entered: None
ELEVENTH MOTION in Limine regarding evidence of secondary considerations supporting non-obviousness with memorandum in support with exhibit A attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 643 Filed: 9/7/2005, Entered: None
TENTH MOTION in Limine to preclude Bayer from offering any evidence regarding RNA Splicing as a basis for infringement with memorandum in support with exhibits A and B attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 642 Filed: 9/7/2005, Entered: None
NINTH MOTION in Limine to exclude U.S. Patent No. 5,994,526 and testimony about the act project with memorandum in support with exhibits A-D attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 641 Filed: 9/7/2005, Entered: None
FIFTH MOTION in Limine regarding hearsay documents with memorandum in support and exhibits A-G attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 640 Filed: 9/7/2005, Entered: None
FOURTH MOTION in Limine regarding certain testimony from Bayer experts Jan Leemans and Harry Manbeck with memorandum in support and exhibits A-D attached by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 639 Filed: 9/7/2005, Entered: None
SECOND MOTION in Limine regarding prior trial testimony by non-testifying experts Drs. Hickle and Quemada with memorandum in support and exhibits A-G by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Sealed Legal Document 638 Filed: 9/7/2005, Entered: None
FIRST MOTION in Limine to exclude the opinions of Russell Parr with memorandum in support and exhibits 1-11 by Plaintiff Monsanto Company ; FILED UNDER SEAL. (MCB) (Entered: 09/08/2005)
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Legal Document (Payment Possibly Required) 637 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 636 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 635 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 634 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 633 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 632 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 631 Filed: 9/7/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Bayer's Proposed Verdict Form: (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 630 Filed: 9/7/2005, Entered: None
MOTION in Limine (Eleventh) to Preclude Monsanto from Presenting Testimony of Inherency in Connection With Any of Its Obviousness or Prior Invention Defenses by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 629 Filed: 9/7/2005, Entered: None
Ninth MOTION in Limine and Supporting Memorandum to Bar Evidence Concerning the Financial Terms of the 1993 License Agreement Between Pioneer and Monsanto by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 628 Filed: 9/7/2005, Entered: None
Eighth MOTION in Limine and Supporting Memorandum to Exclude any Evidence Related to the Defense of Reverse Doctrine of Equivalents by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 627 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 626 Seventh MOTION in Limine to Exclude any Post-Filing Date Evidence Related to Whether or Not the Claims of the Patent-In-Suit Are Enabled filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 626 Filed: 9/7/2005, Entered: None
Seventh MOTION in Limine to Exclude any Post-Filing Date Evidence Related to Whether or Not the Claims of the Patent-In-Suit Are Enabled by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 625 Filed: 9/7/2005, Entered: None
Sixth MOTION in Limine to Preclude Monsanto from Presenting Opinions of Counsel by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 624 Filed: 9/7/2005, Entered: None
Fifth MOTION in Limine to Preclude Certain Expert Testimony of Richard S. Cahoon by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 623 Filed: 9/7/2005, Entered: None
Fourth MOTION in Limine to Preclude Monsanto from Presenting Expert Testimony Regarding MON810 Protein Degradation during Western Blot Analysis by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 622 Filed: 9/7/2005, Entered: None
Third MOTION in Limine to Preclude Monsanto from Proferring to the Jury Any "Expert Testimony" on its Defense of Prior Invention by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 621 Filed: 9/7/2005, Entered: None
Second MOTION in Limine to Preclude Monsanto from Introducing Patent 5,959,091 to Watrud by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 620 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 619 First MOTION in Limine to Preclude Monsanto from Arguing Prosecution Deficiencies or Irregularities to the Jury filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 619 Filed: 9/7/2005, Entered: None
First MOTION in Limine to Preclude Monsanto from Arguing Prosecution Deficiencies or Irregularities to the Jury by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 618 Filed: 9/7/2005, Entered: None
Exhibit List Part Two (DTX1267-DTX1489) by Defendant Bayer BioScience N.V... (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 617 Filed: 9/7/2005, Entered: None
Exhibit List Part One (DTX1008-DTX1266) by Defendant Bayer BioScience N.V... (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 616 Filed: 9/7/2005, Entered: None
MOTION for Leave to Add Jozef Seurinck to Witness List by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 615 Filed: 9/7/2005, Entered: None
Witness List by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 614 Filed: 9/7/2005, Entered: None
Interrogatory Answer List by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 613 Filed: 9/7/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer's Memorandum in Support of Eleventh Motion in Limine: (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 612 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 611 MOTION in Limine - Monsanto's Twelfth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding an Alleged Ethical Violation by Mr. Goolkasian, filed by Plaintiff Monsanto Company. (Attachments: # 1 MIL 12 Ex. A)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 611 Filed: 9/7/2005, Entered: None
MOTION in Limine - Monsanto's Twelfth Motion in Limine to Preclude Bayer from Introducing Argument or Evidence Regarding an Alleged Ethical Violation by Mr. Goolkasian, by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 610 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 609 MOTION in Limine - Monsanto's Eighth Motion in Limine to Preclude Dr. Richard T. DeRose From Offering Opinion Testimony at Trial Beyond Providing a Tutorial on the Underlying Technology, filed by Plaintiff Monsanto Company. (Attachments: # 1 MIL8-Ex. A)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 609 Filed: 9/7/2005, Entered: None
MOTION in Limine - Monsanto's Eighth Motion in Limine to Preclude Dr. Richard T. DeRose From Offering Opinion Testimony at Trial Beyond Providing a Tutorial on the Underlying Technology, by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 608 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 607 MOTION in Limine - Monsanto's Seventh Motion in Limine Precluding Evidence or Argument that Monsanto Needed to Know the Bt2 Sequence for a Conception, filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 607 Filed: 9/7/2005, Entered: None
MOTION in Limine - Monsanto's Seventh Motion in Limine Precluding Evidence or Argument that Monsanto Needed to Know the Bt2 Sequence for a Conception, by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 606 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 605 MOTION in Limine - Monsanto's Sixth Motion in Limine to Preclude Bayer from Relying on Monsanto's Patent Prosecution and Biotechnology Paper as a Defense to Monsanto's Prior Invention Allegations, filed by Plaintiff Monsanto Company. (Attachments: # 1 MIL6-Ex.A# 2 MIL6-Ex.B)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 605 Filed: 9/7/2005, Entered: None
MOTION in Limine - Monsanto's Sixth Motion in Limine to Preclude Bayer from Relying on Monsanto's Patent Prosecution and Biotechnology Paper as a Defense to Monsanto's Prior Invention Allegations, by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 604 Filed: 9/7/2005, Entered: None
MEMORANDUM in Support of Motion re 603 MOTION in Limine - Monsanto's Third Motion in Limine Regarding Unrelated Monsanto Litigations filed by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 603 Filed: 9/7/2005, Entered: None
MOTION in Limine - Monsanto's Third Motion in Limine Regarding Unrelated Monsanto Litigations by Plaintiff Monsanto Company. (Conran, Joseph) Additional attachment(s) added on 9/8/2005 (MCB, ). (Entered: 09/07/2005)
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Sealed Legal Document 602 Filed: 9/7/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation re Monsanto's Memorandum of Law in Support of Monsanto's First Motion in Limine to Exclude the Opinions of Russell Parr (filed under seal) by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 601 Filed: 9/7/2005, Entered: None
NOTICE by Plaintiff Monsanto Company Filing Certain Monsanto Motions in Limine and Memoranda in Support Under Seal (re Monsanto First, Second, Fourth, Fifth, Ninth, Tenth, Eleventh and Thirteenth motions in limine and supporting memoranda and exhibits): (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 600 Filed: 9/7/2005, Entered: None
MEMORANDUM - Monsanto Company's Proposed Verdict Form by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 599 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Attachments: # 1 clean or non-annotated copy of Monsanto's Proposed Final Jury Instructions)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 598 Filed: 9/7/2005, Entered: None
Proposed Jury Instructions by Plaintiff Monsanto Company. (Attachments: # 1 clean or non-annotated set of Monsanto's Proposed Preliminary Jury Instructions)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 597 Filed: 9/7/2005, Entered: None
Exhibit List (part 1) by Plaintiff Monsanto Company.. (Attachments: # 1 part 2 of Trial Exhibit List)(Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 596 Filed: 9/7/2005, Entered: None
Interrogatory Answer List by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 595 Filed: 9/7/2005, Entered: None
Witness List by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 594 Filed: 9/7/2005, Entered: None
Stipulation of Uncontested Facts by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V.. (Conran, Joseph) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 593 Filed: 9/7/2005, Entered: None
Joint Brief Summary of the Case for Voir Dire by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V.. (Conran, Joseph) Modified on 9/8/2005 (MCB). (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 592 Filed: 9/7/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal of Bayer's Memoranda in Support of Second, Third, Fourth, Fifth, and Sixth Motions in Limine and Motion and Memorandum in Support of Tenth Motion in Limine, with attached Exhibits: (Pake, Lisa) (Entered: 09/07/2005)
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Legal Document (Payment Possibly Required) 591 Filed: 8/25/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Change of Law Firm Name of Counsel for Bayer BioScience N.V.: (Pake, Lisa) (Entered: 08/25/2005)
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Legal Document (Payment Possibly Required) 590 Filed: 8/24/2005, Entered: None Court Filing
ORDER This matter comes before the Court upon various pretrial issues raised by the parties in briefing before the Court [docs. #557, 558, 563 and 564]. SEE ORDER FOR DETAILS. Signed by Judge E. Richard Webber on August 24, 2005. (MCB) (Entered: 08/24/2005)
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Legal Document (Payment Possibly Required) 589 Filed: 8/12/2005, Entered: None
DECLARATION filed by Defendant Bayer BioScience N.V. of Dr. DeRose in Support of Response of Bayer to Surreply of Monsanto Company. (Pake, Lisa) (Entered: 08/12/2005)
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Legal Document (Payment Possibly Required) 588 Filed: 8/12/2005, Entered: None
RESPONSE TO COURT ORDER Allowing Response to Surreply By Monsanto Company by Defendant Bayer BioScience N.V.. (Attachments: # 1)(Pake, Lisa) (Entered: 08/12/2005)
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Legal Document (Payment Possibly Required) 587 Filed: 8/8/2005, Entered: None
SURREPLY MARKMAN BRIEF REGARDING CLAIM CONSTRUCTION by Plaintiff Monsanto Company re 581 (leave to file by order od this date).(BDC) Additional attachments: Declaration of Dr. Messing Re RNA Splicing and Verification of Signed Document added on 8/10/2005 (MCB). (Entered: 08/08/2005)
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Legal Document (Payment Possibly Required) 586 Filed: 8/8/2005, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File SurreplyRegarding Claim Construction [doc. # 583 is GRANTED. The attached Surreply shall beaccepted for filing by the Court. IT IS FURTHER ORDERED that Defendant's Motion for Leave to File Response to Surreply Regarding Claim Construction [doc. # 584 is GRANTED. The Response shall be filed no later than August 12, 2005. IT IS FURTHER ORDERED that no additional briefing regarding claim construction will be accepted for filing with this Court.IT IS FURTHER ORDERED that Defendant's Motion to Withdraw as Attorney ofRecord [doc. # 585 is GRANTED. R. Danny Huntington shall be removed as attorney of record for Bayer BioScience N.V. in this matter. The Clerk shall sent notice by regular mail to: R. Danny Huntington, BURNS AND DOANE, 1737 King Street, Alexandria, VA 22314. Signed by Judge E. Richard Webber on 08/08/05. *sent notice by regular mail to: R. Danny Huntington.(BDC) (Entered: 08/08/2005)
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Legal Document (Payment Possibly Required) 585 Filed: 8/8/2005, Entered: None
MOTION to Withdraw as Attorney ;attorney/firm R. Danny Huntington by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 08/08/2005)
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Legal Document (Payment Possibly Required) 584 Filed: 8/3/2005, Entered: None
RESPONSE in Opposition re 583 MOTION for Leave to File Surreply Regarding Claim Construction filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 08/03/2005)
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Legal Document (Payment Possibly Required) 583 Filed: 8/2/2005, Entered: None
MOTION for Leave to File Surreply Regarding Claim Construction by Plaintiff Monsanto Company. (Attachments: # 1 Monsanto's Surreply Brief Regarding Claim Construction# 2 Declaration of Dr. Joachim Messing Re RNA Splicing# 3 Verification of Signed Original Document (regarding Dr. Messing Declaration))(Conran, Joseph) (Entered: 08/02/2005)
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Sealed Legal Document 582 Filed: 7/29/2005, Entered: None
MARKMAN BRIEF (Response in Opposition to Monsanto Company's Brief Regarding the Construction of the 60-80 KD Limitation with Exhibits 11-16) by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 07/29/2005)
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Legal Document (Payment Possibly Required) 581 Filed: 7/29/2005, Entered: None
MARKMAN BRIEF (Reply Brief Regarding the Construction of the "DNA Fragment Encoding...about 60 to about 80 kD's Claim Limitation) by Plaintiff Monsanto Company. (MCB) (Entered: 07/29/2005)
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Legal Document (Payment Possibly Required) 580 Filed: 7/28/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation Monsanto Company's Reply Brief Regarding The Construction Of The "DNA Fragment Encoding... About 60 To About 80 kD" Claim Limitation, attached hereto, by Plaintiff Monsanto Company. (Attachments: # 1 Markman Reply Brief)(Bermel, Jeanine) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 579 Filed: 7/28/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 578 Filed: 7/28/2005, Entered: None
MOTION for Leave to File Under Seal Bayer's Responsive Brief Concerning Claim Construction by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 577 Filed: 7/28/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer's Response in Opposition to Monsanto's Claim Construction Brief: (Pake, Lisa) (Entered: 07/28/2005)
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Legal Document (Payment Possibly Required) 576 Filed: 7/25/2005, Entered: None
REPORT TO COURT ORDER of July 5, 2005 Regarding Pretrial Issue 7 by Plaintiff Monsanto Company and by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 07/25/2005)
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Legal Document (Payment Possibly Required) 575 Filed: 7/21/2005, Entered: None Court Filing
ORDER granting 568 Motion for Leave to file under seal opening brief concerning construction of 60-80 kD Limitation, granting 570 Motion for Leave to File in Excess of Page Limitation brief regarding the construction of the fragment encoding... about 60 to about 80 kD. Signed by Judge E. Richard Webber on July 21, 2005. (MCB) (Entered: 07/21/2005)
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Sealed Legal Document 574 Filed: 7/21/2005, Entered: None
MARKMAN BRIEF (Briefing Regarding the Construction of the "DNA Fragmant Encoding... About 80 kD" Claim Limitation with Exhibit List and Exhibits 1 - 18) by Plaintiff Monsanto Company re 566 ; FILED UNDER SEAL. (MCB) (Entered: 07/21/2005)
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Sealed Legal Document 573 Filed: 7/21/2005, Entered: None
MARKMAN BRIEF (Opening Brief Concerning Construction of the 60-80 KD Limitation with Exhibits 1-10) by Defendant Bayer BioScience N.V. re 566 ; FILED UNDER SEAL. (MCB) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 572 Filed: 7/21/2005, Entered: None
REPORT TO COURT ORDER of July 5, 2005 regarding Issues 7, 9, and 11 by Plaintiff Monsanto Company and by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 571 Filed: 7/21/2005, Entered: None
NOTICE by Plaintiff Monsanto Company re 566 Order, Filing Monsanto Company's Brief Regarding The Construction Of The "DNA Fragment Encoding... About 60 To About 80 kD" Claim Construction and Exhibits Thereto Under Seal: (Bermel, Jeanine) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 570 Filed: 7/21/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation plaintiff Monsanto Company's Brief Regarding The Construction Of The "DNA Fragment Encoding... About 60 To About 80 kD" Claim Construction by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 569 Filed: 7/21/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer BioScience N.V.'s Opening Brief Concerning Construction of 60-80 kD Limitation and exhibits thereto: (Pake, Lisa) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 568 Filed: 7/21/2005, Entered: None
MOTION for Leave to File Under Seal Opening Brief Concerning Construction of 60-80 kD Limitation by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 07/21/2005)
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Legal Document (Payment Possibly Required) 567 Filed: 7/13/2005, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Preliminary Hearing held on 7/1/05 before Judge E. Richard Webber. Court Reporter: G. Beilsmith. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 07/13/2005)
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Legal Document (Payment Possibly Required) 566 Filed: 7/5/2005, Entered: None Court Filing
ORDER - IT IS HEREBY ORDERED that the parties shall file any briefs relating to the proposed construction of the term "about 60 to about 80 kD" no later than 7/21/05 at 12:00 p.m. Responses to the initial briefs are due no later than 7/28/05 at 12:00 p.m. IT IS FURTHER ORDERED that no later than 7/21/05, counsel shall file with the Court the terms of any agreements relating to Issues 7,9 and 11. (See Order for details). Signed by Judge E. Richard Webber on 7/5/05. (BAK, ) (Entered: 07/05/2005)
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Legal Document (Payment Possibly Required) 565 Filed: 7/1/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 7/1/2005. THIS MATTER COMES BEFORE THE COURT FOR A HEARING ON PRETRIAL ISSUES. ARGUMENTS WERE HEARD. FROM THE BENCH THE COURT INDICATED A WRITTEN ORDER WILL ISSUE. (Court Reporter: G. Beilsmith..) (FTR Gold yes or no: no.) (proceedings started: 8:30 a.m.) (proceedings ended: 11:30 a.m..) (BDC) (Entered: 07/01/2005)
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Sealed Legal Document 564 Filed: 6/27/2005, Entered: None
REPLY (entitled: Opposition to Bayer's Opening Memorandum Regarding Issues 1 and 7-10 in Joint Status Report) re 557 Response to Court Order, 552 Case Management Order - Amended, by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 06/28/2005)
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Sealed Legal Document 563 Filed: 6/27/2005, Entered: None
REPLY (entitled: Answering Brief Concerning Issues 2 through 6 of the Amended Case Management Order re 558 Response to Court Order, 552 Case Management Order - Amended, by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) Modified on 6/28/2005 (MCB). (Entered: 06/28/2005)
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Legal Document (Payment Possibly Required) 562 Filed: 6/27/2005, Entered: None
NOTICE by Plaintiff Monsanto Company re 561 MOTION for Leave to File in Excess of Page Limitation Monsanto's Opposition To Bayer's Opening Memorandum Regarding Issues 1 And 7-10 In Joint Status Report, Filing Monsanto's Opposition To Bayer's Opening Memorandum Regarding Issues 1 And 7-10 In Joint Status Report Under Seal,: (Bermel, Jeanine) (Entered: 06/27/2005)
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Legal Document (Payment Possibly Required) 561 Filed: 6/27/2005, Entered: None
MOTION for Leave to File in Excess of Page Limitation Monsanto's Opposition To Bayer's Opening Memorandum Regarding Issues 1 And 7-10 In Joint Status Report, by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 06/27/2005)
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Legal Document (Payment Possibly Required) 560 Filed: 6/27/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Answering Brief Concerning Issues 2-6 of the Amended Case Management Order Under Seal: (Pake, Lisa) (Entered: 06/27/2005)
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Legal Document (Payment Possibly Required) 559 Filed: 6/27/2005, Entered: None
MOTION for Leave to File Under Seal Bayer's Answering Brief Concerning Issues 2-6 of the Amended Case Management Order by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 06/27/2005)
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Sealed Legal Document 558 Filed: 6/21/2005, Entered: None
RESPONSE TO COURT ORDER (Brief regarding Disputed Pertrial Issues) re 552 Case Management Order - Amended, by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 06/22/2005)
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Sealed Legal Document 557 Filed: 6/21/2005, Entered: None
RESPONSE TO COURT ORDER (Opening Memorandum with Respect to Issues 1 and 7-10 in the Joint Status Report) re 552 Case Management Order - Amended, by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 06/22/2005)
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Legal Document (Payment Possibly Required) 556 Filed: 6/21/2005, Entered: None
MOTION to Withdraw as Attorney for Bayer BioScience N.V. ;attorney/firm Timothy A. Molino by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 06/21/2005)
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Legal Document (Payment Possibly Required) 555 Filed: 6/21/2005, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Monsanto's Brief Regarding Disputed Pretrial Issues Under Seal: (Bermel, Jeanine) (Entered: 06/21/2005)
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Legal Document (Payment Possibly Required) 554 Filed: 6/21/2005, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal Bayer's Opening Memorandum With Respect to Issues 1 and 7-10 in Joint Status Report: (Pake, Lisa) (Entered: 06/21/2005)
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Legal Document (Payment Possibly Required) 553 Filed: 6/21/2005, Entered: None
MOTION for Leave to File Under Seal Bayer's Opening Memorandum With Respect to Issues 1 and 7-10 in Joint Status Report by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 06/21/2005)
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Legal Document (Payment Possibly Required) 552 Filed: 6/6/2005, Entered: None Court Filing
AMENDED CASE MANAGEMENT ORDER In Court Hearing set for 7/1/2005 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Jury Trial set for 10/31/2005 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Conference set for 10/18/2005 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Compliance due by 9/7/2005. Motion in Limine due by 9/7/2005. SEE ORDER FOR FURTHER DETAILS. Signed by Judge E. Richard Webber on June 6, 2005. (MCB) (Entered: 06/06/2005)
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Legal Document (Payment Possibly Required) 551 Filed: 5/31/2005, Entered: None
JOINT SCHEDULING PLAN by Plaintiff Monsanto Company, Defendant Bayer BioScience N.V.. entitled "Joint Response to Court's May 18, 2005 Order Regarding Proposed Schedule". (Conran, Joseph) (Entered: 05/31/2005)
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Legal Document (Payment Possibly Required) 550 Filed: 5/18/2005, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Scheduling Conference held on 5/18/2005. Hearing conducted. Issues discussed regarding trial date. Judge gives parties 10 calendar days to submit a revised CMO. An order will be issued. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (FTR Gold yes or no: no.) (proceedings started: 11:32 a.m.) (proceedings ended: 11:55 a.m.) (JMW, ) (Entered: 05/18/2005)
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Legal Document (Payment Possibly Required) 549 Filed: 5/18/2005, Entered: None Court Filing
ORDER Joint Scheduling Plan due by 5/31/2005. (see Order for details). Signed by Judge E. Richard Webber on 5/18/05. (BAK, ) (Entered: 05/18/2005)
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Legal Document (Payment Possibly Required) 548 Filed: 5/18/2005, Entered: None
MOTION to Withdraw Bradley Morris as Individual Counsel by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 05/18/2005)
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Legal Document (Payment Possibly Required) 547 Filed: 5/17/2005, Entered: None
MOTION for Leave to Appear Pro Hac Vice K. Matthew Miller by Defendant Bayer BioScience N.V. (MCB) (Entered: 05/17/2005)
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Legal Document (Payment Possibly Required) 546 Filed: 5/10/2005, Entered: None Court Filing
MEMORANDUM AND ORDER re: 524 MOTION To Set Order of Proof at Trial filed by Bayer BioScience N.V., motion is DENIED. Signed by Judge E. Richard Webber on May 10, 2005. (MCB) (Entered: 05/10/2005)
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Legal Document (Payment Possibly Required) 545 Filed: 5/10/2005, Entered: None Court Filing
MEMORANDUM AND ORDER re: 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes filed by Bayer BioScience N.V., motion is GRANTED IN PART AND DENIED IN PART. SEE MEMORANDUM AND ORDER FOR FURTHER DETAILS. Signed by Judge E. Richard Webber on May 10, 2005. (MCB) (Entered: 05/10/2005)
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Legal Document (Payment Possibly Required) 544 Filed: 5/10/2005, Entered: None Court Filing
MEMORANDUM AND ORDER re: 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense filed by Bayer BioScience N.V., motion is DENIED. Signed by Judge E. Richard Webber on May 10, 2005. (MCB) (Entered: 05/10/2005)
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Legal Document (Payment Possibly Required) 543 Filed: 5/10/2005, Entered: None Court Filing
MEMORANDUM AND ORDER re: 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 filed by Bayer BioScience N.V., motion is GRANTED IN PART AND DENIED IN PART. SEE MEMORANDUM AND ORDER FOR FURTHER DETAILS. Signed by Judge E. Richard Webber on May 10, 2005. (MCB) (Entered: 05/10/2005)
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Legal Document (Payment Possibly Required) 542 Filed: 5/9/2005, Entered: None
DECLARATION filed by Plaintiff Monsanto Company re 541 Memorandum in Opposition to Motion, - Corrected Declaration of Howard S. Suh submitted as Exhibit 1 to Monsanto's Response to Bayer's Motion for Scheduling Conference. (Bermel, Jeanine) (Entered: 05/09/2005)
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Legal Document (Payment Possibly Required) 541 Filed: 5/9/2005, Entered: None
MEMORANDUM in Opposition re 540 MOTION for Hearing /Status Conference entitled Monsanto's Response to Bayer's Motion for Scheduling Conference filed by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit 1 Declaration of Howard S. Suh# 2 Verification of Signed Original Document)(Bermel, Jeanine) (Entered: 05/09/2005)
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Legal Document (Payment Possibly Required) 540 Filed: 5/4/2005, Entered: None
MOTION for Hearing /Status Conference by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pake, Lisa) (Entered: 05/04/2005)
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Legal Document (Payment Possibly Required) 539 Filed: 3/15/2005, Entered: None
MOTION to Withdraw as Attorney ;attorney Ronni Jillions by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (JMW, ) (Entered: 03/15/2005)
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Legal Document (Payment Possibly Required) 538 Filed: 1/10/2005, Entered: None Court Filing
MEMORANDUM AND ORDER-Monsanto's motion for Summary Judgment (see doc #440) is Denied signed by Judge E. Richard Webber on January 10, 2005.(GLF) (Entered: 01/10/2005)
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Legal Document (Payment Possibly Required) 537 Filed: 12/30/2004, Entered: None
RESPONSE in Opposition re 524 MOTION To Set Order of Proof at Trial filed by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 12/30/2004)
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Legal Document (Payment Possibly Required) 536 Filed: 12/29/2004, Entered: None
REPLY to Response to Motion re 528 MOTION to Supplement 523 Reply to Response to Motion for Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes filed by Plaintiff Monsanto Company. (Attachments: # 1)(Bermel, Jeanine) (Entered: 12/29/2004)
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Legal Document (Payment Possibly Required) 535 Filed: 12/29/2004, Entered: None
REPLY to Response to Motion re 527 MOTION to Supplement 520 Reply to Response to Motion, for Summary Judgment Regarding Monsanto's Prior Inventorship Defense and Further Motion to Supplement its Opposition with New Authority filed by Plaintiff Monsanto Company. (Attachments: # 1 Exhibit A)(Bermel, Jeanine) (Entered: 12/29/2004)
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Legal Document (Payment Possibly Required) 534 Filed: 12/28/2004, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 9/22/04 before Judge E. Richard Webber. Court Reporter: G. Beilsmith. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 12/28/2004)
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Sealed Legal Document 533 Filed: 12/28/2004, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing Excerpts held on 9/22/04 before Judge E. Richard Webber. Court Reporter: G. Beilsmith. FILED UNDER SEAL. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 12/28/2004)
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Legal Document (Payment Possibly Required) 532 Filed: 12/22/2004, Entered: None Court Filing
ORDER denying 531 Motion for a Rule 16 Conference signed by Judge E. Richard Webber on December 22, 2004.(GLF) (Entered: 12/22/2004)
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Legal Document (Payment Possibly Required) 531 Filed: 12/17/2004, Entered: None
MOTION For Rule 16 Conference by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 12/17/2004)
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Legal Document (Payment Possibly Required) 530 Filed: 12/16/2004, Entered: None Court Filing
ORDER granting 481 Motion to Compel; Bayer shall deliver copies of all documents submitted to the Court for in camera inspection within 10 days, Signed by Judge E. Richard Webber on December 16, 2004.(GLF) (Entered: 12/16/2004)
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Legal Document (Payment Possibly Required) 529 Filed: 12/8/2004, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 527 MOTION to Supplement 520 Reply to Response to Motion, for Summary Judgment Regarding Monsanto's Prior Inventorship Defense, 528 MOTION to Supplement 523 Reply to Response to Motion for Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 12/08/2004)
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Legal Document (Payment Possibly Required) 528 Filed: 12/7/2004, Entered: None
MOTION to Supplement 523 Reply to Response to Motion for Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes by Defendant Bayer BioScience N.V.. (Attachments: # 1 Supplement to Bayer's Reply in Support of Motion for Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes# 2 Exhibit J)(Pake, Lisa) (Entered: 12/07/2004)
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Legal Document (Payment Possibly Required) 527 Filed: 12/7/2004, Entered: None
MOTION to Supplement 520 Reply to Response to Motion, for Summary Judgment Regarding Monsanto's Prior Inventorship Defense by Defendant Bayer BioScience N.V.. (Attachments: # 1 Bayer's Supplement to Reply re Motion Regarding Prior Inventorship# 2 Exhibit I# 3 Exhibit J)(Pake, Lisa) (Entered: 12/07/2004)
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Legal Document (Payment Possibly Required) 526 Filed: 12/6/2004, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 524 MOTION To Set Order of Proof at Trial, 525 Memorandum in Support of Motion by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 525 Filed: 11/30/2004, Entered: None
MEMORANDUM in Support of Motion re 524 MOTION To Set Order of Proof at Trial filed by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pake, Lisa) (Entered: 11/30/2004)
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Legal Document (Payment Possibly Required) 524 Filed: 11/30/2004, Entered: None
MOTION To Set Order of Proof at Trial by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/30/2004)
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Sealed Legal Document 523 Filed: 11/4/2004, Entered: None
REPLY to Response to Motion re 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes filed by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 11/04/2004)
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Legal Document (Payment Possibly Required) 522 Filed: 11/1/2004, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 11/1/2004 on monsanto's motion to compel; arugments heard; Order to follow. (Court Reporter or FTR Gold Operator initials:gbeilsmith.) (FTR Gold yes or no: no.) (proceedings started: 1pm.) (proceedings ended: 1:25pm.) (CQL, ) (Entered: 11/04/2004)
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Legal Document (Payment Possibly Required) 521 Filed: 11/4/2004, Entered: None Court Filing
ORDER that defendant deliver to the Court the seven allegedly privileged documents listed at BDSM 72428-430 and all other documents in the six other described categories so that the Court may do an in camera inspection. Signed by Judge E. Richard Webber on 11/4/04. (CQL, ) (Entered: 11/04/2004)
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Legal Document (Payment Possibly Required) 520 Filed: 11/3/2004, Entered: None
REPLY to Response to Motion re 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense filed by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit C# 2 Exhibit D# 3 Exhibit E# 4 Exhibit G# 5 Exhibit H)(Pake, Lisa) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 519 Filed: 11/3/2004, Entered: None
REPLY to Response to Motion re 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 518 Filed: 11/3/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal (Pake, Lisa) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 517 Filed: 11/3/2004, Entered: None
MOTION to Seal Document Reply Memorandum in Support of Third Renewed Motion for Partial Summary Judgment Dismissing Monsanto's Defenses Relating to Dr. Barnes by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 516 Filed: 11/2/2004, Entered: None
SUPPLEMENTAL re 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes by Plaintiff Monsanto Company. (MCB) (Entered: 11/02/2004)
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Legal Document (Payment Possibly Required) 515 Filed: 10/29/2004, Entered: None
MOTION for Leave to File Supplement to Brief (Unopposed Motion) by Plaintiff Monsanto Company. (Attachments: # 1 Monsanto's Supplement to Opposition to Bayer's Renewed Motion for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense)(Bermel, Jeanine) (Entered: 10/29/2004)
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Sealed Legal Document 514 Filed: 10/27/2004, Entered: None
RESPONSE in Opposition with response to Bayer's statement of uncontroverted facts re 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense filed by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 10/28/2004)
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Sealed Legal Document 513 Filed: 10/27/2004, Entered: None
RESPONSE in Opposition with response to Bayer's statement of uncontroverted material facts re 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes filed by Plaintiff Monsanto Company ; FILED UNDER SEAL. (MCB) (Entered: 10/28/2004)
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Sealed Legal Document 512 Filed: 10/27/2004, Entered: None
RESPONSE in Opposition with response to Bayer's Statement of Uncontroverted Material Facts re 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 filed by Plaintiff Monsanto Company ; FILED UNDER SEAL. (MCB) (Entered: 10/28/2004)
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Legal Document (Payment Possibly Required) 511 Filed: 10/27/2004, Entered: None Court Filing
MOTION for Leave to File Monsanto's Opposition to Bayer's Motion for Summary Judgement Dismising Monsanto's Defenses Under 35 USC 112 in Excess of Fifteen Pages by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 510 Filed: 10/27/2004, Entered: None
NOTICE by Plaintiff Monsanto Company re 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes Filing Monsanto's Opposition with Exhibits and Response to Statement of Facts Under Seal: (Bermel, Jeanine) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 509 Filed: 10/27/2004, Entered: None
NOTICE by Plaintiff Monsanto Company re 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 Filing Monsanto's Opposition with exhibits and Response to Statement of Facts Under Seal: (Bermel, Jeanine) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 508 Filed: 10/27/2004, Entered: None
MOTION for Leave to File Monsanto's Opposition to Bayer's Renewed Motion for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense in Excess of Fifteen Pages by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 507 Filed: 10/27/2004, Entered: None
NOTICE by Plaintiff Monsanto Company re 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense Filing Under Seal Monsanto's opposition with exhibits and response to statement of facts: (Bermel, Jeanine) (Entered: 10/27/2004)
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Legal Document (Payment Possibly Required) 506 Filed: 10/15/2004, Entered: None
REPLY to Response to Motion re 481 MOTION to Compel Discovery Relating to Bayer's Advice of Counsel Defense filed by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/15/2004)
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Legal Document (Payment Possibly Required) 505 Filed: 10/14/2004, Entered: None
MEMORANDUM for Clerk requesting removal of Michael S. Lee as an attorney fo record for Monsanto to be served due to Order granting leave to withdraw by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/14/2004)
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Legal Document (Payment Possibly Required) 504 Filed: 10/14/2004, Entered: None
MOTION for Hearing for Rule 16 Conference by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/14/2004)
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Legal Document (Payment Possibly Required) 503 Filed: 10/12/2004, Entered: None
MOTION for Extension of Time to File Response/Reply as to 499 Memorandum in Opposition to Motion to Compel Discovery Relating to Bayer's Advice of Counsel Defense (Extension Unopposed) by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 10/12/2004)
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Legal Document (Payment Possibly Required) 502 Filed: 10/7/2004, Entered: None Court Filing
ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 8/20/04 before Judge E. Richard Webber. Court Reporter: S. Moran. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 10/07/2004)
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Legal Document (Payment Possibly Required) 501 Filed: 10/6/2004, Entered: None Court Filing
MEMORANDUM AND ORDER motion is Bayer's Request for Production of the Documents in their entirety is DENIED signed by Judge E. Richard Webber on October 6, 2004. (GLF) (Entered: 10/06/2004)
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Sealed Legal Document 500 Filed: 10/1/2004, Entered: None
MEMORANDUM in Support of Motion re 495 Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes filed by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V. W/Statement of Uncontroverted material facts in Support. FILED UNDER SEAL. (GLF) (Entered: 10/05/2004)
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Legal Document (Payment Possibly Required) 499 Filed: 10/4/2004, Entered: None
MEMORANDUM in Opposition re 481 MOTION to Compel Discovery of Privileged Documents filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/04/2004)
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Legal Document (Payment Possibly Required) 498 Filed: 10/1/2004, Entered: None
MEMORANDUM in Support of Motion re 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 497 Filed: 10/1/2004, Entered: None
STATEMENT of Material Facts re 496 Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 496 Filed: 10/1/2004, Entered: None
Second MOTION for Partial Summary Judgment Dismissing Monsanto's Prior Inventorship Defense by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 495 Filed: 10/1/2004, Entered: None
Third MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Related to Dr. Barnes by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 494 Filed: 10/1/2004, Entered: None
MOTION to Seal Document Statement of Uncontroverted Facts and Memorandum in Support of Third Renewed Motion for Partial Summary Judgment on Monsanto's Defenses Relating to Dr. Barnes by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 493 Filed: 10/1/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal: (Pake, Lisa) (Entered: 10/01/2004)
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Legal Document (Payment Possibly Required) 492 Filed: 9/30/2004, Entered: None
MEMORANDUM in Support of Motion re 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 filed by Defendant Bayer BioScience N.V.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Pake, Lisa) (Entered: 09/30/2004)
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Legal Document (Payment Possibly Required) 491 Filed: 9/30/2004, Entered: None
STATEMENT of Material Facts re 490 MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/30/2004)
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Legal Document (Payment Possibly Required) 490 Filed: 9/30/2004, Entered: None
MOTION for Partial Summary Judgment Dismissing Monsanto's Defenses Under 35 U.S.C. Section 112 by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/30/2004)
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Legal Document (Payment Possibly Required) 489 Filed: 9/22/2004, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Parties present for hearing on pending motions. Pioneer's Motion to Intervene {doc. #483] is sustained. Arguments of counsel heard. Order to follow.Motion Hearing held on 9/22/2004 re 483 MOTION to Intervene by Pioneer Hi-Bred International, Inc. filed by Pioneer Hi-Bred International, Inc. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (MCB) (Entered: 09/23/2004)
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Legal Document (Payment Possibly Required) 488 Filed: 9/22/2004, Entered: None
Consent MOTION for Extension of: Time to Respond to Plaintiff's Motion to Compel Discovery Relating to Bayer's Advice of Counsel Defense by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/22/2004)
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Legal Document (Payment Possibly Required) 487 Filed: 9/21/2004, Entered: None
Proposed Findings of Fact by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/21/2004)
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Sealed Legal Document 486 Filed: 8/18/2004, Entered: None
REPLY TO BAYERS SUBMISSION REGARDING THE SETTLEMENT AGREEMENTS RELATED IN PART TO MON810 corn by Plaintiff Monsanto Company FILED UNDER SEAL (CQL, ) (Entered: 09/21/2004)
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Legal Document (Payment Possibly Required) 485 Filed: 9/21/2004, Entered: None
Proposed Findings of Fact by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 09/21/2004)
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Legal Document (Payment Possibly Required) 484 Filed: 9/21/2004, Entered: None
RESPONSE in Opposition re 483 MOTION to Intervene by Pioneer Hi-Bred International, Inc. filed by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 09/21/2004)
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Legal Document (Payment Possibly Required) 483 Filed: 9/20/2004, Entered: None
MOTION to Intervene by Pioneer Hi-Bred International, Inc.. (Goerisch, C.) (Entered: 09/20/2004)
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Legal Document (Payment Possibly Required) 482 Filed: 9/20/2004, Entered: None
MOTION for Extension of: Time to File and Serve Findings of Fact re Materiality of Jansen's Declaration to Claims of '565 Patent by Plaintiff Monsanto Company. (Bermel, Jeanine) (Entered: 09/20/2004)
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Sealed Legal Document 481 Filed: 9/17/2004, Entered: None
MOTION to Compel Discovery by Plaintiff Monsanto Company; FILED UNDER SEAL. (MCB) (Entered: 09/20/2004)
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Legal Document (Payment Possibly Required) 480 Filed: 9/17/2004, Entered: None
NOTICE by Plaintiff Monsanto Company of Filing Monsanto's Motion to Compel Discovery Relating to Bayer's Advice of Counsel and Memorandum in Support under seal: (Bermel, Jeanine) (Entered: 09/17/2004)
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Legal Document (Payment Possibly Required) 479 Filed: 9/16/2004, Entered: None Court Filing
Minute Entry for proceedings held before Judge E. Richard Webber : Status Conference scheduled for 9/16/2004; hearing rescheduled for 9/22/04 at 3:00 p.m. before ERW. (Court Reporter or FTR Gold Operator initials:Gayle Beilsmith.) (FTR Gold yes or no: no.) (KXS, ) (Entered: 09/17/2004)
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Legal Document (Payment Possibly Required) 478 Filed: 9/14/2004, Entered: None
DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Movant Dow Agroscience LLC. (Eisenberg, Ronald) (Entered: 09/14/2004)
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Sealed Legal Document 477 Filed: 9/10/2004, Entered: None
RESPONSE in Opposition re 469 MOTION to Intervene Of Right Or In The Alternative For Permissive Intervention; and opposition to Bayer's response to monsanto's submission regarding prohibitions on disclosure of settlement agreements (FILED UNDER SEAL) filed by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL, ) (Entered: 09/13/2004)
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Legal Document (Payment Possibly Required) 476 Filed: 9/10/2004, Entered: None
MOTION for Leave to file response to Dow's motion for intervention and opposition to Bayer's Response to Monsanto's submission regarding prohibition on disclosure of settlment agreements under seal by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL, ) (Entered: 09/13/2004)
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Legal Document (Payment Possibly Required) 475 Filed: 8/31/2004, Entered: None
MEMORANDUM Regarding Scheduling Order by Monsanto Company and by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 08/31/2004)
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Sealed Legal Document 474 Filed: 8/31/2004, Entered: None
SUPPLEMENTAL RESPONSE TO MONSANTO'S RELY TO BAYER'S SUBMISSION REGARDING THE SETTLEMENT AGREEMENT re 456 Response to Court Order by Defendant Bayer BioScience N.V.; FILED UNDER SEAL. (MCB) (Entered: 08/31/2004)
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Legal Document (Payment Possibly Required) 473 Filed: 8/27/2004, Entered: None
MOTION for Leave to file under seal supplemental response by Defendant Bayer BioScience N.V.; (MCB) Additional attachment(s) added on 8/30/2004 (MCB). (Entered: 08/30/2004)
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Legal Document (Payment Possibly Required) 472 Filed: 8/30/2004, Entered: None
DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Movant Dow Agroscience LLC Parent companies: Dow Agrosciences LLC, Subsidiaries: None, Publicly held company: None,. (Eisenberg, Ronald) (Entered: 08/30/2004)
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Legal Document (Payment Possibly Required) 471 Filed: 8/28/2004, Entered: None
OBJECTION re 461 Memorandum, (Opposition To Bayer's Response To Monsanto's Submission Regarding Prohibition On Disclosure Of Settlement Agreements by Movant Dow Agroscience LLC. (Eisenberg, Ronald) (Entered: 08/28/2004)
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Legal Document (Payment Possibly Required) 470 Filed: 8/28/2004, Entered: None
MEMORANDUM in Support of Motion re 469 MOTION to Intervene Of Right Or In The Alternative For Permissive Intervention filed by Movant Dow Agroscience LLC. (Eisenberg, Ronald) (Entered: 08/28/2004)
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Legal Document (Payment Possibly Required) 469 Filed: 8/28/2004, Entered: None
MOTION to Intervene Of Right Or In The Alternative For Permissive Intervention by Movant Dow Agroscience LLC. (Eisenberg, Ronald) (Entered: 08/28/2004)
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Legal Document (Payment Possibly Required) 468 Filed: 8/28/2004, Entered: None
ENTRY of Appearance. (Attachments: # 1)(Eisenberg, Ronald) (Entered: 08/28/2004)
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Legal Document (Payment Possibly Required) 467 Filed: 8/27/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal (Pake, Lisa) (Entered: 08/27/2004)
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Sealed Legal Document 466 Filed: 8/27/2004, Entered: None
MOTION TO substitute memorandum under seal (FILED UNDER SEAL) by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL, ) (Entered: 08/27/2004)
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Sealed Legal Document 465 Filed: 8/26/2004, Entered: None
MEMORANDUM (Response to Monsanto's Submission Regarding the AProhibition on Disclosure of Settlement agreements related in part to MON810Corn with exhibits 1 thru 6 attached FILED UNDER SEAL by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL, ) (Entered: 08/27/2004)
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Legal Document (Payment Possibly Required) 464 Filed: 8/26/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Filing Under Seal: (Pake, Lisa) (Entered: 08/26/2004)
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Legal Document (Payment Possibly Required) 463 Filed: 8/20/2004, Entered: None Court Filing
Minute Entry-for proceedings held before Judge E. Richard Webber; In Court Hearing held on 8/20/2004 re Motions Doc#451 and Doc#455; Arguments heard; Parties are given 30 days to file findings of fact; Motions taken under consideration.(Court Reporter or FTR Gold Operator initials:S. Moran.) (FTR Gold yes or no: no.)(GLF) (Entered: 08/23/2004)
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Sealed Legal Document 462 Filed: 8/18/2004, Entered: None
MOTION for Leave to File Reply by Plaintiff Monsanto Company. (Attachments: # 1 Monsanto's Reply to Bayer's Submission Regarding The Settlement Agreements Related In Part to MON810 Corn, is filed under seal)(Bermel, Jeanine) Modified on 9/21/2004(the attachment is placed in a sealed envelope) (LJK, ). (Entered: 08/18/2004)
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Sealed Legal Document 461 Filed: 8/3/2004, Entered: None
MEMORANDUM (Response to Monsanto's Submission regarding the prohibition on disclosure of settlement agreements related in part to Mon810 Corn) FILED UNDER SEAL by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL, ) (Entered: 08/03/2004)
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Legal Document (Payment Possibly Required) 460 Filed: 8/3/2004, Entered: None Court Filing
ORDER granting 459 Motion for Leave to file under seal its response to Monsanto's Submission regarding prohibition on disclosure of settlement agreements Signed by Judge E. Richard Webber on 8/3/04. (CQL, ) (Entered: 08/03/2004)
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Sealed Legal Document 459 Filed: 7/28/2004, Entered: None
MOTION for Leave to file it's response to Monsanto's submission regarding prohibition on Disclosure of Settlement Agreements by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (GLF) w/proposed response. FILED UNDER SEAL (Entered: 07/29/2004)
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Legal Document (Payment Possibly Required) 458 Filed: 7/28/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. re 456 Response to Court Order of Filing Under Seal: (Pake, Lisa) (Entered: 07/28/2004)
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Legal Document (Payment Possibly Required) 457 Filed: 6/28/2004, Entered: None
ORDER of USCA for the Federal Circuit IT IS ORDERED that the motion to vacate and remand the case is granted. All remaining motions are moot. USCA Appeal #: 04-1241 (MCB) (Entered: 07/02/2004)
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Sealed Legal Document 456 Filed: 6/25/2004, Entered: None
RESPONSE TO COURT ORDER Re: settlement agreement from the past, by Plaintiff Monsanto Company.FILED UNDER SEAL and submitted with "In Camera documents"(GLF) (Entered: 06/28/2004)
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Legal Document (Payment Possibly Required) 455 Filed: 6/24/2004, Entered: None
PLAINTIFF'S MEMORANDUM REGARDING THE MATERIALITY OF JANSEN'S DECLARATION TO THE CLAIMS OF THE '565 PATENT by Plaintiff Monsanto Company. (MCB) (Entered: 06/24/2004)
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Legal Document (Payment Possibly Required) 454 Filed: 6/23/2004, Entered: None
MOTION for Leave to Appear Pro Hac Vice George A. Hovanec, Jr. by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (MCB) (Entered: 06/24/2004)
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Legal Document (Payment Possibly Required) 453 Filed: 6/23/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Withdrawal of Jonathan Redway (Pake, Lisa) (Entered: 06/23/2004)
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Legal Document (Payment Possibly Required) 452 Filed: 6/22/2004, Entered: None
MOTION for leave to substitute memoranda re: materiality of Jansens's Declaration 449 MOTION for Discovery Memo re Materiality of Jansen's Declaration by Plaintiff Monsanto Company. (Attachments: # 1 Attachment to Monsanto's Motion for Leave to Substitute Memorandum)(Conran, Joseph) Modified on 6/24/2004 (MCB). (Entered: 06/22/2004)
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Legal Document (Payment Possibly Required) 451 Filed: 6/22/2004, Entered: None
MEMORANDUM re 440 Order,,, Regarding Enforceability of U.S. Patent No. 5,545,565 by Defendant Bayer BioScience N.V.. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)(Pake, Lisa) (Entered: 06/22/2004)
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Legal Document (Payment Possibly Required) 450 Filed: 6/22/2004, Entered: None
Proposed Scheduling Plan by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 06/22/2004)
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Legal Document (Payment Possibly Required) 449 Filed: 6/22/2004, Entered: None
Plaintiff's Memorandum RE: Jansen's Declaration by Plaintiff Monsanto Company. (Conran, Joseph) Modified on 6/24/2004. See Docket Text Order dated 6/24/04 - This document will not considered by this court. See Document #455 for correct version. (MCB). (Entered: 06/22/2004)
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Legal Document (Payment Possibly Required) 448 Filed: 6/22/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Statement of Non-Liability: (Pake, Lisa) (Entered: 06/22/2004)
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Legal Document (Payment Possibly Required) 447 Filed: 5/27/2004, Entered: None
ENTRY of Appearance by Thomas F.Poche Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.(GLF) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 446 Filed: 5/27/2004, Entered: None
MOTION for Leave to Appear Pro Hac Vice Thomas F. Poche by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (receipt for Filing fee S2004-7282)(GLF) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 445 Filed: 5/27/2004, Entered: None
ENTRY of Appearance by Francis DiGiovanni Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (GLF) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 444 Filed: 5/27/2004, Entered: None
MOTION for Leave to Appear Pro Hac Vice Francis DiGiovanni by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. (GLF) (Receipt for filing fee S2004-7282) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 443 Filed: 5/27/2004, Entered: None
ENTRY of Appearance by George Pazuniak Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.(GLF) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 442 Filed: 5/27/2004, Entered: None
MOTION for Leave to Appear Pro Hac Vice George Pazuniak by Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V. Receipt for filing fee S2004-7282. (GLF) (Entered: 06/03/2004)
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Legal Document (Payment Possibly Required) 441 Filed: 6/1/2004, Entered: None Court Filing
Minute Entry-for proceedings held before Judge E. Richard Webber: In Court Hearing held on 6/1/2004; Parties have 20 days to submit proposed scheduling order; Court to issue order. (Court Reporter or FTR Gold Operator initials:g. beilsmith.) (FTR Gold yes or no: no.)(GLF) (Entered: 06/02/2004)
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Legal Document (Payment Possibly Required) 440 Filed: 6/2/2004, Entered: None Court Filing
ORDER IT IS HEREBY ORDERED that the parties shall, within 20 days from the date of this order, submit briefs on the issue of whether Jansen's declarations in prosecuting th e'799 patent are material to the claims of the '565 patent. The Court will hold a hearing on that issue at a later date. If the Court finds they are not material, the Court will hold a jury trial on the remaining claims and thereafter consider any issues of inequitable conduct if a motion for attorney's fees is made under 35 U.S.C. Section 285. If the Court finds that they are material, the Court will hold a hearing on the issue of inequitable conduct before trial. Response to Court due by 6/22/2004. Signed by Judge E. Richard Webber on 6/2/04. (MCB) (Entered: 06/02/2004)
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Legal Document (Payment Possibly Required) 439 Filed: 5/28/2004, Entered: None
MEMORANDUM Regarding June 1, 2004 Scheduling Conference by Defendant Bayer BioScience N.V.. (Pake, Lisa) (Entered: 05/28/2004)
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Legal Document (Payment Possibly Required) 438 Filed: 5/21/2004, Entered: None
MOTION for Rule 16 Scheduling Conference by Plaintiff Monsanto Company. (Conran, Joseph) (Entered: 05/21/2004)
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Legal Document (Payment Possibly Required) 437 Filed: 5/20/2004, Entered: None
MOTION for Leave to Appear Pro Hac Vice Oleh Bilynsky by Defendant, Counter Claimant Bayer BioScience N.V. (Attachments: # 1 Proposed Order) (fee paid; receipt #S2004-6795)(KXS, ) (Entered: 05/21/2004)
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Legal Document (Payment Possibly Required) 436 Filed: 5/18/2004, Entered: None
ENTRY of Appearance by Oleh V. Bilynsky Defendant Bayer BioScience N.V. (Mr. Bilynsky to file his motion for pro hac vice - admission fee already paid.) (MCB) (Entered: 05/18/2004)
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Legal Document (Payment Possibly Required) 435 Filed: 5/17/2004, Entered: None
MANDATE of USCA as to 375 Notice of Appeal filed by Bayer BioScience N.V., 373 Notice of Appeal filed by Bayer BioScience N.V. Decision of USCA:Reversed and Remanded USCA #:03-1201 (Attachments: # 1 envelope from Federal Circuit)(MCB) (Entered: 05/17/2004)
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Legal Document (Payment Possibly Required) 434 Filed: 5/10/2004, Entered: None
ENTRY of Appearance by Lisa A. Pake Defendant Bayer BioScience N.V., Counter Claimants Bayer BioScience N.V., Bayer BioScience N.V., Bayer BioScience N.V.. (CQL) Adding Oleh V. Bilynsky as additonal counsel; Called and told Ms Pake Mr. Bilynsky has to send in his own Appearance and motion for prohac vice Modified on 5/11/2004 (CQL). (Entered: 05/11/2004)
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Legal Document (Payment Possibly Required) 433 Filed: 4/8/2004, Entered: None
NOTICE by Defendant Bayer BioScience N.V. of Agreement of Parties With Respect to Further Stay of Execution of November 14, 2003 Judgment: (Pake, Lisa) (Entered: 04/08/2004)
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Legal Document (Payment Possibly Required) 432 Filed: 3/9/2004, Entered: None Court Filing
ORDER granting 431 Motion to Amend/Correct; Courts Order of 3/3/04 is vacated; Motion for leave to deposit funds is Granted #424; Subject to Bayer providing the funds to the Clerk within 30 days all proceedings to enforce Court's judgment dated 11/14/04 are STAYED. Signed by Judge E. Richard Webber on 3/9/04. (CQL) (Entered: 03/09/2004)
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