Research Corporation v. Asgrow Seed Company, Asgrow Seed Company International Asgrow Kilgore Company and United Hagie Hybrids, Inc.

This is an appeal by defendants, As-grow Seed Company, Asgrow Seed Company International, Asgrow Kilgore Company, and United Hagie Hybrids, Inc., from a consent judgment of patent validity and infringement rendered in favor of plaintiff, Research Corporation. Research has moved to dismiss the appeal on the ground that defendants, as members of a class under Fed.R.Civ.P. 23, have no right to appeal. After consideration of the record and the briefs of both parties, we dismiss the appeal.

The facts are not in dispute. In 1963 Research sued Pfister Association Growers, Inc. for infringement of U.…