Case: Patents/Procedure (Fed. Cir.)

The Federal Circuit denied Van Well Nursery Inc., Monson Fruit Co. Inc., and two individuals’ petition seeking a writ of mandamus directing a federal district court in Washington to reinstate its prior order granting them summary judgment of patent invalidity on this action by the Minister of Agriculture and Agri Food relating to a plant patent covering a cherry variety. The appeals court said that Van Well and Monson didn’t show that the law of the case doctrine clearly and indisputably precluded the district court from reconsidering its summary judgment order, or that they lack adequate alternative means to raise ...