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PAN-AM. PLANT CO. v. MATSUI

No. C-75-1094-CBR.

433 F.Supp. 693 (1977)

PAN-AMERICAN PLANT COMPANY, Plaintiff, v. Andy MATSUI, d/b/a Andy Matsui Nursery, Defendant.

United States District Court, N. D. California.

July 12, 1977.

Attorney(s) appearing for the Case

Gerald W. Palmer, Jones, Day, Reavis & Pogue, Los Angeles, Cal., for plaintiff.

John H. Boone, David M. Zeff, San Francisco, Cal., for defendant.

MEMORANDUM OF OPINION

RENFREW, District Judge.

This is an action brought by Pan-American Plant Company ("Pan American") alleging plant patent infringement by defendant Andy Matsui d/b/a Andy Matsui Nursery ("Matsui") in violation of the Plant Patent Act of 1930, 35 U.S.C. §§ 161-164. In his answer Matsui has denied infringement, raised thirteen affirmative defenses,1 and counterclaimed against Pan-American alleging...

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