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STAR FRUITS S.N.C. v. U.S.

No. CIV.A. 03-463-A.

280 F.Supp.2d 512 (2003)

STAR FRUITS S.N.C. and Institute of Experimental Botany, Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

August 27, 2003.

Attorney(s) appearing for the Case

Gregory S. Lewis, Morgan Lewis & Bockius LLP, McLean, VA, for Plaintiffs.

Dennis E. Szybala, AUSA, United States Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

BRINKEMA, District Judge.

I. Introduction

Before the Court are the parties' cross-motions for summary judgment in this action for a declaratory judgment. For the reasons that follow, defendants' motion will be granted.

II. Background

On April 21, 2000, Star Fruits S.N.C. filed patent application # 09/557,043 ("'043 Application") for Moncav cv — a purported new variety of peach tree...

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