Delano Farms Co. v. California Table Grape Commission

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 185,192 & 194)

LAWRENCE J. O’NEILL, District Judge.

I. INTRODUCTION

This case concerns two varieties of table grape (i.e., grapes for fresh consumption), Autumn King and Scarlet Royal, developed and patented by the United States Department of Agriculture (“USDA”) as a part of a program partially funded by the California Table Grape Commission (“Commission”). Plaintiffs, Delano Farms Company, Four Star Fruit, Inc., and Gerawan Farming, Inc., seek to invalidate the patents for these two varieties under 35 U.S.C. § 102(b) on…