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

No. 2014-1030.

778 F.3d 1243 (2015)

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

United States Court of Appeals, Federal Circuit.

January 9, 2015.


Attorney(s) appearing for the Case

Lawrence M. Hadley , McKool Smith Hennigan, P.C., of Los Angeles, CA, argued for plaintiffs-appellants. Of counsel was Brian C. Leighton , Law Office of Brian C. Leighton, of Clovis, CA.

John J. Fargo , Director, Intellectual Property Staff, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees United States, Department of Agriculture, and Thomas J. Vilsack. With him on the brief was Stuart F. Delery , Assistant Attorney General.

Thomas G. Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for defendant-appellee the California Table Grape Commission. With him on the brief were Seth P. Waxman , Brian M. Boynton , and Francesco Valentini.

Before PROST, Chief Judge, BRYSON and HUGHES, Circuit Judges.


This appeal involves a challenge to the validity of two plant patents for varieties of table grapes developed by the U.S. Department of Agriculture ("USDA") and licensed to the California Table Grape Commission. The plaintiffs filed suit against the USDA and the California Table Grape Commission, seeking to invalidate the...

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