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STAR FRUITS S.N.C. v. U.S.

No. 04-1160.

393 F.3d 1277 (2005)

STAR FRUITS S.N.C. and Institute of Experimental Botany, Plaintiffs-Appellants, v. UNITED STATES and Department of Commerce, Defendants-Appellees, and Patent and Trademark Office and Jon Dudas, Director, Patent and Trademark Office and Under Secretary of Commerce for Intellectual Property, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 3, 2005.

Attorney(s) appearing for the Case

Patrick H. Ballew, Stratton Ballew PLLC, of Yakima, Washington, argued for plaintiffs-appellants.

Stephen Walsh, Associate Solicitor, United States Patent and Trademark Office, argued for defendants-appellees. With him on the brief were John M. Whealan, Solicitor, and Linda Moncys Isacson, Associate Solicitor.

Before NEWMAN, CLEVENGER and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER, Dissenting opinion filed by Circuit Judge NEWMAN.

CLEVENGER, Circuit Judge.

Star Fruits S.N.C. and Institute of Experimental Botany ("Star Fruits") appeal the decision of the United States District Court for the Eastern District of Virginia denying Star Fruits's motion for summary judgment and granting summary judgment in favor of the United States. Star Fruits S.N.C. v. United States, ...

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