Delano Farms Co. v. California Table Grape Commission
Court of Appeals for the Federal Circuit
1Opinion of the Court
BRYSON, Circuit Judge.
The United States Department of Agriculture (“USDA”) is the owner by assignment of three patents issued under the Plant Patent Act for grapevines that produce table grapes. The three patented varieties are known as Sweet Scarlet (U.S. Patent No. PP15,891), Scarlet Royal (U.S. Patent No. PP16,229), and Autumn King (U.S. Patent No. PP16,284).
The USDA licensed its rights in the three patents to the California Table Grape Commission, an agency of the State of California. The Commission’s mission is to promote that state’s table-grape industry. The Commission is funded by a…
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