Kansas Wheat Alliance, et al. v. Thunderbird Seed Conditioning, LLC, et al., No. 12-cv-01171-MEH, 2013 U.S. Dist. LEXIS 16796 (D. Colo. Feb. 7, 2013)

(plaintiffs promote research and development of wheat varieties and develop plant varieties protected by Plant Variety Protection Act (PVPA); an involuntary plaintiff (Kansas State University Research Foundation (KSURF) developed Fuller variety of hard red winter wheat and protected it with PVPA certificate with duration of 20 years; KSURF granted lead plaintiff exclusive license to offer Fuller variety for sale and right to sub-license; plaintiffs claimed that defendants conditioned at least one PVPA-protected variety for reproductive purposes without proper authorization; plaintiffs allege that amount conditioned could produce over four million 50-pound bags of seed in five generations; plaintiffs sought injunctive relief; court determined that plaintiffs' pleading lacked sufficient allegations to satisfy basic pleading requirements and does not point to even a single act of the defendant that violates the PVPA; as such, complaint is inadequate, but plaintiffs given 10 days to file amended complaint otherwise judgment will be entered for defendants).