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No Bite on Parties’ Unenforceable Agreement to Agree to Sell Apple Trees

By on Sep 9, 2020
Posted In Food, Beverage & Agribusiness

The US Court of Appeals for the Federal Circuit affirmed a grant of summary judgment, finding that the option provision in the parties’ contract was an unenforceable agreement to agree. Phytelligence, Inc. v. Wash. State Univ., Case No. 2019-2216 (Fed. Cir. Aug. 27, 2020) (Reyna, J.). Phytelligence is an agricultural biotechnology company that used tissue...

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Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking

By on Apr 30, 2020
Posted In America Invents Act, Patents

The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims dismissal, rejecting arguments that patent infringement is a taking under the Fifth Amendment. Golden v. United States, Case No. 19-2134 (Fed. Cir. Apr. 10, 2020) (O’Malley, J.).

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