Velsicol Chemical Corporation v. Monsanto Company

In my opinion, the exclusion at the district court level of the proffered testimony of Barnas and Berliner, without more, is sufficient to require a reversal and remand for a new trial and I therefore respectfully dissent. In holding that the evidence was properly excluded, it appears to me the majority opinion rests its decision on matters not reached or considered by the district court, goes beyond the plain language meaning of a trial “without prejudice to the right[s] of the parties to take further testimony” as provided by 35 U.S.C. § 146, and, in finding that case law has put a judicial…