DELANO FARMS CO. v. CALIFORNIA TABLE GRAPE COM'N

No. 2010-1546.

655 F.3d 1337 (2011)

DELANO FARMS COMPANY, Four Star Fruit, Inc., and Gerawan Farming, Inc., Plaintiffs-Appellants, v. The CALIFORNIA TABLE GRAPE COMMISSION, Defendant-Appellee, and United States, Department of Agriculture, and Thomas J. Vilsack, Secretary of Agriculture, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 24, 2011.


Attorney(s) appearing for the Case

Lawrence M. Hadley , Hennigan Dorman, LLP, of Los Angeles, CA, argued for the plaintiffs-appellants. With him on the brief was Omer Salik.

Randolph D. Moss , Wilmer Cutler Pickering Hale and Dorr, LLP, of Washington, DC, argued for the defendant-appellee The California Table Grape Commission. With him on the brief were Brian M. Boynton , Steven P. Lehotsky and Thomas G. Saunders.

Susan L.C. Mitchell , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the defendants-appellees United States Department of Agriculture and Thomas J Vilsack, Secretary of Agriculture. Of counsel on the brief were Tony West , Assistant Attorney General, and John J. Fargo , Director.

Before BRYSON, SCHALL, and PROST, Circuit Judges.


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...

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