Midwest Oilseeds V Limagrain Genetics 2004

Midwest_Oilseeds_v_Limagrain_Genetics_004 Topic: Trade secret misappropriation of plant genetics Source: CourtListener United States Court of Appeals FOR THE EIGHTH CIRCUIT Midwest Oilseeds, Inc., * * Plaintiff/Appellee, * * Appeal from the United States v. * District Court for the Southern * District of Iowa. Limagrain Genetics Corporation, * formerly known as Callahan * Enterprises, Inc., * * Defendant/Appellant. * Submitted: October 22, 2003 Filed: October 14, 2004 Before BYE, HANSEN and MELLOY, Circuit Judges. BYE, Circuit Judge. The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic makeup, or germplasm, of the seed at issue or applied only to the seed itself. The district court1 determined the Agreement protected the germplasm and granted summary judgment for appellee Midwest Oilseeds, Inc. (MO). On appeal, appellant Limagrain Genetics Corporation (CEI)2 challenges this judgment and other rulings by the district court. We affirm. At this point, we provide an overview of the complex procedural history of this case. While Section I provid…