Newsletter
| March 11, 2010
Del. Valley Floral Group, Inc. v. Shaw Rose Nets, LLC
It is well settled that a court may “disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony.”
On March 11, 2010, the Federal Circuit affirmed the district court’s summary judgment that U.S. Patent No. 5,765,305, which related to producing larger rose heads by placing elastic, porous nets over the rose heads during the growing process and removing them before the roses are cut and sold, is invalid due to the on-sale bar of 35 U.S.C. § 102(b).
For more information, please contact your Dewey & LeBoeuf relationship partner, or one of the following:
This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383