Monsanto Co. v. Pioneer Hi-Bred International, Inc.
Monsanto Co. v. Pioneer Hi-Bred International, Inc.
Opinion of the Court
ORDER
ON PETITION FOR PERMISSION TO APPEAL
Pioneer Hi-Bred International, Inc. petitions for permission to appeal, pursuant to 28 U.S.C. § 1292(b),(c)(1), a March 20, 2001 order and judgment of the United States District Court for the Eastern District of Missouri. Monsanto Company re
Monsanto sued Pioneer for breach of contract, patent infringement, and misappropriation of trade secrets. The district court granted Monsanto’s motion for partial summary judgment, resolving the contract claim. The district court first certified its decision for interlocutory appeal under 28 U.S.C. § 1292(b) and subsequently amended its judgment to include an express certification under Fed.R.Civ.P. 54(b).
In light of the district court’s certification under Rule 54(b), it appears that Pioneer’s petition for permission to appeal is unnecessary.
Accordingly,
IT IS ORDERED THAT:
Pioneer’s petition for permission to appeal is denied as unnecessary.
Reference
- Full Case Name
- MONSANTO COMPANY v. PIONEER HI-BRED INTERNATIONAL, INC., Defendant-Appellant Monsanto Company, Plaintiff-Respondent v. PIONEER HI-BRED INTERNATIONAL, INC., Defendant-Petitioner
- Status
- Published