Asgrow Seed Co. v. Winterboer

DONALD E. O’BRIEN, Chief Judge.

This matter comes before the court pursuant to both parties’ motions for summary judgment. After careful consideration of the oral and written arguments this court sustains the plaintiff’s motion and denies the defendants’ motion.

FACTS

This is an action under the Plant Varieties Protection Act (“PVPA” or the “Act”). See, 7 U.S.C. §§ 2321-2582. In order to avail oneself of the protection of the Act, the developer of a novel plant variety 1 must apply to the Plant Variety Protection office for a Certificate of Plant Variety Protection. 7 U.S.C. § 2482. A…