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Mycogen Plant Science, Inc. v. Monsanto Company

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Appealed from: United States District Court for the Southern District of California Judge Napoleon A. Jones, Jr.

ON PETITION FOR REHEARING

Based on the prosecution history of Mycogen’s U.S. Patent No. 5,380,831 (the ’831 patent), we held in our initial opinion in this case that Mycogen is not entitled to invoke the doctrine of equivalents with respect to claims 13 and 14 of the patent. 252 F.3d 1306, 1319-20, 58 USPQ2d 1891, 1901-02. In its petition for rehearing, Mycogen contends that we misunderstood the prosecution history of the ’831 patent and, as a result, mistakenly held the doctrine of equivalents inapplicable to claims 13 and 14.

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