Grape Growers To Fed. Circ.: US Must Prove IP Validity

Law360, District of Columbia (May 5, 2011, 9:34 PM EDT) -- In a suit alleging the California Table Grape Commission flouted antitrust laws by accepting royalties from growers for invalid patents covering grape varieties, plaintiffs told the Federal Circuit on Thursday that the U.S. isn't immune from challenges to its patents' validity.

Three farms sued the CTGC in November 2007, seeking damages and a declaration that the U.S. Department of Agriculture's patents for the Sweet Scarlet, Scarlet King and Autumn Royal grapevine strains the government licensed to the CTGC are invalid. The federal government, however, has argued...
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