Monsanto Co. v. McFarling

Case Number: CLB0061

Date: 04.09.2004

Citation: 70 U.S.P.Q.2d 1481 (Fed. Cir., 2004)

A technology license may limit production and use of self-replicating inventions (such as plants) despite the sale of the initial copy. A liquidated damages clause that does not differentiate between degrees of damage and contract provisions that can result in different degrees of damage may be unenforceable.

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