Phytelligence, Inc. v. Washington State University, No. 19-2216 (Fed. Cir. Aug. 25, 2020)

From the Opinion

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Phytelligence, Inc. , appeals from the United States District Court for the Western District of Washington’s grant of summary judgment in favor of Washington State University. Because we agree with the district court’s decision, we affirm. B ACKGROUND I Appellant Phytelligence, Inc., (“Phytelligence”) was an agricultural biotechnology company that used tissue cul- ture to grow trees for sale to nurseries and growers . Phytelligence has since ceased operations and is in receiv- ership.