USDA's Grape Patents Preserved In Public Use Dispute

Law360, Los Angeles (March 26, 2013, 5:59 PM EDT) -- A California federal judge on Monday refused to invalidate the U.S. Department of Agriculture's patents for two table grape varieties, ruling that a jury should decide whether they were grown in public more than a year before the USDA filed patent applications for them.

U.S. District Judge Lawrence J. O'Neill disagreed with the USDA's claim that California grape growers misappropriated the Autumn King and Scarlet Royal vines that they grew. He also ruled that a jury should decide whether they were grown in public — which...
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