CIRS Blog about Rural California
WASHINGTON — A tangled legal fight over grape patents ended Friday in a victory for the California Table Grape Commission.
Capping years of courtroom battling, the U.S. Court of Appeals for the Federal Circuit ruled the Fresno-based industry group has licensed valid patents for the Scarlet Royal and Autumn King grape varieties.
The unanimous, 13-page decision by the three-judge panel turned on technical questions, including what date the grapes came into public use. The appellate court rejected arguments from challengers that the grapes were already being generally circulated well before the patents were applied for.
“The evidence at trial was sufficient to support the district court’s finding that the patented plant varieties were not in public use prior to the critical date,” Judge William C. Bryson wrote.
Money is at stake, and maybe more.