Legal Opinion
Delano Farms Co. v. California Table Grape Commission
Court of Appeals for the Federal Circuit
Decided January 9, 2015No. 2014-1030PublishedCited by 8 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This appeal involves a challenge to the validity of two plant patents for varieties of table grapes developed by the U.S. Department of Agriculture (“USDA”) and licensed to the California Table Grape Commission. The plaintiffs filed suit against the USDA and the California Table Grape Commission, seeking to invalidate the patents on the ground that the two grape varieties were in public use more than one year before the applications for both plant patents were filed, and that the patents are therefore invalid under the public use bar of 35 U.S.C. § 102(b) (2006).
The…
2Cases cited10 opinions
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- Tone Brothers, Inc. v. Sysco Corporation, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1994
- Allied Colloids Inc. And Allied Colloids Limited v. American Cyanamid CompanyCourt of Appeals for the Federal Circuit · 1995
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3Cited by8 opinions
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