Verdegaal Brothers, Inc., William Verdegaal, George Verdegaal, Appellees, v. Union Oil Company of California, BREA Agricultural Services, Inc., Appellants, 814 F.2d 628


Summary

Appellee corporation sued appellant oil company, claiming that appellant violated appellee's fertilizer patent. After the trial court ruled that appellee's patent was valid and infringed, appellant sought review. On appeal, the court said that clear and convincing evidence was required, and the evidence was sufficient that reasonable jurors could only conclude that the patent was valid. The court reversed the trial court's denial of appellant's motion for judgment notwithstanding the verdict because of the lack of clear and convincing evidence and because the jury verdict was unsupported by substantial evidence and could not stand.