There has been some news regarding the Enola case. (See our last post on the matter https://casipblog.wordpress.com/2008/05/05/107/)
The first link is an announcement from Proctor’s lawyers. The second link is further details for information purposes. Victoria Henson-Apollonio received official notice last week and wrote:
“I wanted to bring to your attention the news that the owner of the Enola patent, the PodNers Company (Larry Proctor) filed an appeal on 18 June, of the recent decision that confirmed the rejection of his claims by the USPTO. (The Board of Patents Appeals and Interferences (BPAI) confirmed the rejection by the USPTO on 30 April, 2008.) We received the official notice Friday.
This is the last path that Proctor has to try to keep his patent claims valid. It is possible that this case will go all the way to the U.S. Supreme Court. (This depends upon many factors including, the ruling that is reached by the Court of Appeals for the (US) Federal Circuit (CAFC), the lengths to which the patent owner is ready to take a case forward, and the decision of the Supreme Court to take a case.)
In the meantime, Proctor’s patent is valid in the U.S. and thus he can continue to charge royalties on the use and sale of yellow beans (of the “Enola” type) in the U.S. and importation of them into the U.S. as well.
We will continue to watch this case carefully and I am making inquiries with regard to filing an amicus brief that supports the BPAI decision. I will let you know about any further events associated with this case.”