Agsouth Genetics, LLC v. Georgia Farm Services, LLC, No. 1:09-CV-186 (WLS), 2013 U.S. Dist. LEXIS 152708 (M.D. Ga. Oct. 24, 2013)

(plaintiff filed an action against defendants, alleging violations of the Plant Variety Protection Act (PVPA) and the Lanham Act for defendants’ alleged illegal use of plaintiff’s wheat seed; the court denied defendants’ motion to strike plaintiff’s expert witness, whose testimony was offered to help the jury determine a reasonable royalty owed to plaintiff under the PVPA claim; the testimony met the three admissibility factors of qualification, reliability, and helpfulness; defendants were not entitled to judgment as a matter of law on the PVPA claim because plaintiff introduced sufficient evidence to raise a jury question as to infringement, willfulness, and damages; defendants were also not entitled to judgment as a matter of law on plaintiff’s Lanham Act claims: evidence raised a jury question as to whether (1) plaintiff had trademark rights and (2) defendants adopted a mark that was the same or confusingly similar, such that consumers were likely to confuse the two; evidence also raised a jury question as to whether defendants were liable for false designation of origin; plaintiff was entitled to judgment as a matter of law on defendants’ tortious interference claim).