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Patent Law Keyed to Adelman
Woodland Trust v. Flowertree Nursery, Inc.
Facts
Woodland holds a patent for an invention that protects foliage plants from freezing by establishing an insulating covering of ice over ground level water. The patent application was filed in 1983. Plaintiff sued Defendant claiming patent infringement. Defendant defended arguing patent invalidity because the patented method had been known and used by an owner of Flowertree (Defendant) and the owner of a different nursery in the 1960s and 1970s. The method was discontinued in 1978 and reconstructed in 1988. Four witnesses testified in support of the defense of prior knowledge and use. Each of the witnesses either used the method, or was related to, employed by, or the friend of someone who used the method. Based on prior knowledge and use by others, the district court found the patent to be invalid. Plaintiff appealed.
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