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Showmaker v. Advanta USA, Inc.

Citation: 35 ELR 20118
No. No. 04-1502, (Fed. Cir., 06/14/2005)

The court upheld the dismissal of a farmer's claims that a seed company's soybean purchase agreements violated the Plant Variety Protection Act's (PVPA) misbranding provision. The farmer wanted to use the seed purchased by the company for future crops. The company then told them that any attempt to save the seed would be a breach of the company's contractual and/or intellectual property rights. The farmer then filed a false marking claim under the PVPA because the seed is not protected by the PVPA. The company, however, did not reference the PVPA, any issued PVPA certificates, or any pending applications for plant variety protection in its agreements. Thus, there was no overt attempt to invoke the protections of federal law for seeds that do not qualify for that protection.