Washington State University properly allowed others to cultivate the Cosmic Crisp apple after an agricultural biotechnology company failed to exercise its option for an exclusive license, the Federal Circuit affirmed.
The university created a new apple cultivar, for which it obtained U.S. Plant Patent No. 24,210 and registered the trademark Cosmic Crisp. It asked Phytelligence Inc. to start propagating the apple in exchange for an option for a license to sell and distribute Cosmic Crisps if the university commercialized the cultivar. The agreement expressly required the parties to sign a separate contract if Phytelligence wanted to exercise the option.
Phytelligence ...
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