Opinion
1:00CV00463.
June 18, 2004
MEMORANDUM
On June 20, 2003, this Court issued a Memorandum Opinion [Document #295] and accompanying Order and Judgment [Document #296] granting summary judgment in favor of Defendants and dismissing all of Plaintiff's claims on the grounds of collateral estoppel. See Aventis Cropscience, N.V. v. Pioneer Hi-Bred Int'l, Inc., 269 F. Supp.2d 644 (M.D.N.C. 2003), appeal docketed, No. 03-1539 (Fed. Cir. Aug. 6, 2003). The Court based its Memorandum Opinion and Order and Judgment upon the collateral estoppel effect of the decision by the district court in the Eastern District of Missouri in Monsanto Co. v. Bayer Bioscience, N.V., 264 F. Supp.2d 852 (E.D. Mo. 2002), rev'd and remanded, 363 F.3d 1235 (Fed. Cir. 2004), reh'g and reh'g en banc denied, No. 03-1201, 2004 U.S. App. LEXIS 10422 (Fed. Cir. May 6, 2004).
Subsequent to this Court's June 20, 2003, Memorandum Opinion and Order and Judgment, the Federal Circuit reversed and remanded the district court's decision in Monsanto on March 30, 2004. In light of the Federal Circuit's March 30, 2004, decision, and its denial of rehearing and rehearing en banc on May 6, 2004, Defendant Dow AgroSciences LLC requested that this Court hold a status conference to address the effect of the Monsanto decision on the case presently before the Court. (Notice of Decision Request for Status Conference [Doc. #325].)
The Court held a status conference on this matter on June 18, 2004. As the Court indicated to the parties during the status conference, based upon the Federal Circuit's reversal of the district court's decision in Monsanto, this Court, consistent with the procedures outlined in Fobian v. Storage Technology Corp., 164 F.3d 887 (4th Cir. 1999), is inclined to withdraw its June 20, 2003, Memorandum Opinion and Order and Judgment to the extent that this Court's Memorandum Opinion and Order and Judgment was based upon the collateral estoppel effect of the district court's decision in the Monsanto case, which has been reversed by the Federal Circuit. See Fed.R.Civ.P. 60(b)(5). The Court is issuing this Memorandum so that the parties, if they so desire, may request, a remand from the Federal Circuit or some other relief with respect to this Court's June 20, 2003, Memorandum Opinion and Order and Judgment.