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Old 04-25-2013, 03:22 AM   #21
Carlscan26
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Quote:
Originally Posted by Grantman1
Sure is getting heated in here. Maybe we should create a law section on the forums for you guys.
RDWHAHB...I just did.

In all seriousness, not trying to be a jerk or confrontational here but one of the problems of the web is misinformation. I'm trying to get the right info out on what may very easily be considered a silly issue. And yes, I realize I can also be construed as the misinformer, but I'll sip my next beer of my all Simcoe hops home brew with a clear conscience.

 
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Old 04-25-2013, 05:37 PM   #22
DromJohn
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According to:
1 Pat. L. Fundamentals 2:14 (2d ed.) by John Gladstone Mills III, Donald C. Reiley III, Robert Clare Highley.

2:14. Personal use is as much an infringement as commercial use
"It is commonly but erroneously believed that only commercial exploitation constitutes infringement and that making and using a patented invention for one's own personal use does not constitute a legally actionable wrong."

This is based on standard rules of statutory interpretation of:
35 U.S.C.A. 271 Infringement of patent
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. ...

The leading case explaining how copyright is not like patents is:
Lawrence v. Dana, 15 Fed. Cas. 26, 60 (No. 8136) (C.C.D. Mass. 1869).

But, courts now use copyright standards for patents to reduce damages to below the level to enforce.
Shelcore, Inc. v. Durham Industries, Inc., 745 F.2d 621, 630, 223 U.S.P.Q. (BNA) 584, 591, 16 Fed. R. Evid. Serv. 1270 (Fed. Cir. 1984).


My IANAL interpretation is:
1) It's illegal to grow simcoe without a license.
2) But if you don't sell the simcoe, your maximum loss is their loss of profits (ignoring cost to defend) which would equal less than the cost to buy the same amount of simcoe, $2.69ish/ounce.
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Old 04-25-2013, 06:09 PM   #23
Carlscan26
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As Marshall Eriksen would say: Lawyered.

 
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Old 04-25-2013, 07:58 PM   #24
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It looks like the upto office actually has a "plant patent," which I was confusing with the wikipedia'd notion of plant breeder's rights. There is also a distinction between a plant patent and a regular invention patent, primarily because you don't really "invent" a plant. You just guide the process of reproduction, and sometimes get lucky with mutations.

Plant patents provide the owner with the right to exclude not only commercial sale, but also reproduction of the plant.

 
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