Note: The U.S. Supreme Court has denied certiorari in the following case: Delano Farms Co., et al. v. California Table Grape Commission, 655 F.3d 1337 (Fed. Cir. 2011), cert. denied, 133 S. Ct. 644 (U.S. Sup. Ct. 2012)

(USDA licensed rights in patents of three grapevines that produce table grapes; patents issued under the Plant Variety Protection Act to CA Table Grape Commission; licenses gave Commission right to sublicense patents and retain 60% royalties from sublicensing efforts; plaintiff grape growers purchased grapevines covered by patents, signed licenses and paid fee; plaintiffs brought action challenging validity and enforceability of patents and inequitable conduct of USDA and Commission; federal court held district court correctly held USDA was a necessary party to plaintiff's declaratory judgment claim based on Patent Act; Section 702 of Administrative Procedure Act waives sovereign immunity for non-monetary claims against federal agencies and waiver broad enough to allow plaintiffs' to pursue equitable relief against USDA on patent claims; court upheld district court ruling dismissing antitrust claims and ruling allowing plaintiffs to pursue inequitable conduct claim).