Wednesday, September 14, 2005

Biagro/UCal vs. Grow More

In an infringement case with a university plaintiff, the CAFC affirmed a judgment for the defendant Grow More. The case concerned fertilizer.

The CAFC cited Innova, 381 F.3d 111 (CAFC 2004) and Festo 535 US 722. Plaintiff tried to rebut the Festo presumption based on tangential and some other reason, and failed therein.

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