United States Federal Circuit

A judgment against defendant awarding damages infringement of plaintiffs' rights involving a variety of wheat, under the Plant Variety Protection Act (PVPA) and the Lanham Act, is reversed where: 1) jury's verdicts of infringement under the PVPA and confusion or injury under the Lanham Act were not supported by sufficient evidence; and 2) the district court incorrectly applied section 2567 of the PVPA.

Appellate Information

• Decided 07/28/2006
• Published 07/28/2006

Judges

• GAJARSA, Circuit Judge., Before RADER, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Mark Murphey Henry, Henry Law Firm, of Fayetteville, Arkansas, argued for plaintiffs-appellees.   With him on the brief was Nathan P. Chaney., William H. Bode, Bode & Grenier, LLP, of Washington, DC, argued for defendant-appellant.   Of counsel on the brief was Hunter J. Hanshaw, of Jonesboro, Arkansas.