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Rhone-Poulenc Agro v. DeKalb Genetics

284 F.3d 1323 (2002)

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Rhone-Poulenc Agro v. DeKalb Genetics

United States Court of Appeals for the Federal Circuit
284 F.3d 1323 (2002)

  • Written by Tammy Boggs, JD

Facts

Rhone-Poulenc Agro, S.A. (RPA) (plaintiff) owned a specified patent related to genetically modified corn plants. RPA granted DeKalb Genetics Corp. (DeKalb) (defendant) a license under the patent with sublicensing rights. DeKalb therefore obtained the right to use the patented technology as well as to sublicense it. Thereafter, DeKalb sublicensed the patented technology to Monsanto Co. (Monsanto) (defendant) for valuable consideration. A year later, RPA sued DeKalb and Monsanto to rescind the RPA-DeKalb agreement. RPA alleged that DeKalb had procured the license through fraud and that DeKalb and Monsanto were infringing the patent. The jury found fraud, and the trial court ordered rescission of the RPA-DeKalb agreement. Monsanto moved for summary judgment based on its argument that it had a valid license under the patent as a bona fide purchaser (BFP) for value of a sublicense. The court agreed with Monsanto, and RPA appealed.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

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