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07-374 - Berry v. Smith et al


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07-374 - Berry v. Smith et al
August 6, 2008
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ORDER as to the Motion 123 for Summary Judgment on Count 32: Upon consideration of the pleadings and for the reasons set forth herein, defendants' motion to dismiss Count 32 is DENIED, defendants' motion to dismiss the individual defendants as to Count 32 is GRANTED as to defendants Gregory L. Smith, Jr., Jerry B. Pittman, Randal M. Jacobs and Ellis V. Ollinger, IV, and plaintiff's motion for summary judgment as to Count 32 is DENIED. Signed by Judge Kristi K. DuBose on 8/6/08. Copies to parties on 8/7/08. (mpp)
September 16, 2008
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CONSENT JUDGMENT: Counts 1 through 31 of the Amended Complaint 71 were previously DISMISSED WITH PREJUDICE, and plaintiff agrees that plaintiff is not an inventor of any of the plants covered by the patents in Counts 1 through 31. Count 32 of the Amended Complaint is DISMISSED WITH PREJUDICE. Each party shall bear their own costs and expenses, including attorney fees, except asotherwise agreed by the parties. Signed by Judge Kristi K. DuBose on 9/16/08. Copies to parties. (mpp)