Syngenta Seeds, Inc. v. Delta Cotton Coop., Inc.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.
GAJARSA, Circuit Judge.

On April 28, 2005, following a jury trial, the United States District Court for the Eastern District of Arkansas entered a judgment against defendant-appellant Delta Cotton Co-Operative, Inc., awarding damages to plaintiffs-appellees Syngenta Seeds, Inc., and Syngenta Participations AG (collectively "Syngenta Seeds" or "Syngenta") for infringement of Syngenta's rights under the Plant Variety Protection Act and the Lanham Act. On July 5, 2005, the district court entered an order denying Delta Cotton's motions for judgment notwithstanding the verdict, new trial, and remittitur, and granting Syngenta's motions for permanent injunction and costs. Syngenta Seeds, Inc., v. Delta Cotton Co-Op., Inc., No. 3:02-CV-00309 (E.D. Ark. July 5, 2005) ("Order"). Delta Cotton timely filed a notice of appeal on July 29, 2005. The district court had jurisdiction pursuant to 28 U.S.C. § 1338(a), and this court has jurisdiction over the appeal pursuant to 28 U.S.C. § 1295(a)(1). For the reasons set forth herein, we reverse.

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