January 2015

Looking Ahead

On January 9, 2015, in Delano Farms Co. v. California Table Grape Commission, No. 14-1030 (Fed. Cir. Jan. 9, 2015), the Federal Circuit affirmed the district court’s decision that the actions of two individuals who obtained samples of two patented plant varieties in an unauthorized manner and planted them in their own fields did not constitute an invalidating public use of the two plant varieties.  The Court explained that each of these individuals had incentives to keep the possession secret, created an environment of confidentiality, and maintained tight control over who knew about the plants.  Moreover, the Court noted that the grape varieties could not be reliably identified simply by viewing the growing vines alone.  Because the Court upheld the determination that the patented plant varieties were not in public use prior to the critical date, it did not address the question whether use of an invention by one who has misappropriated that invention can ever qualify as an invalidating public use.   

Read the full summary in the next edition of Last Month at the Federal Circuit.