United States Federal Circuit

Dismissal of defendant's claim, alleging defendant violated the misbranding provision of the Plant Variety Protection Act (PVPA), is affirmed where the contractual language in the parties' agreement does not implicate the PVPA's misbranding provisions.

Appellate Information

• Decided 06/14/2005
• Published 06/14/2005

Judges

• RADER, Circuit Judge., Before CLEVENGER, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald E. Osman, Ronald E. Osman & Associates, Ltd., of Marion, Illinois, argued for plaintiff-appellant.


• For Appellees:
  
• Donald R. Frederico, McDermott Will & Emery LLP, of Boston, Massachusetts, argued for defendant-appellee.   With him on the brief were Peter L. Resnik and Scott E. Murray.