USDA's Grape Patents Were Not Public Use, Judge Says

Law360, Los Angeles (September 13, 2013, 7:08 PM EDT) -- A California federal judge Thursday ruled in favor of the California Table Grape Commission and the U.S. Department of Agriculture in a long-running dispute over two table grape patents, holding that the challenged patents were not invalid due to public use.

The decision comes after U.S. District Judge Lawrence J. O'Neill refused to invalidate the USDA’s patents for two table grape varieties in March, ruling that a jury should decide whether they were grown in public more than a year before the USDA filed patent applications...
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Case Information

Case Title

Delano Farms Company et al v. The California Table Grape Commission

Case Number



California Eastern

Nature of Suit



Sam E. Haddon

Date Filed

November 5, 2007

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