This is the same posting I have on another forum on this site. One responder pointed me to this forum. Sorry if this is redudant for any of you. I’m copying and pasting my initial entry from that forum with some clarification.

This was just thrown at me yesterday and I’m scrambling to find answers.

My husband bought some stems of a plant from someone a couple years ago, cut them, made cuttings, planted them, and hopes to harvest berries from them. He sold some 1-2 year old cuttings to someone a year or so ago. The business contract they had between them is falling apart and the other party is now saying they have no money to pay what they owe my husband. Their apparent way out of their mess is to threaten to take my husband to court because the plants he purchased were illegally grown and sold as they were patented. My husband is from a different country and had no idea patents on plants even existed (nor did I) and was just doing what he loved - planting plants. The threat is, “I’ll bring this to court unless you agree I don’t owe you another dime.” The people who my husband purchased the original plants from were close workers/acquaintances and made no mention of patents either. The tricky part is that while my husband was buying/planting/propagating the patent was still there. While he made the deal to sell this guy the plants, and received payment, it was valid. But by a few days later when the plants left our farm to his and were planted, the patent had expired. Crazy timing, I know. I’m wondering if there is a succinct description of plant patent law I could read (soon, as the deadline give to us is less than a week) or any wisdom or things I should know.

Extras to know: From the other thread, it was suggested we contact a patent lawyer. I’m working on finding one but am not sure any of the local ones have that knowledge. Any suggestions on how to find one? We are more than willing to do what is necessary to make our plants legal if that is still needed now that the patent has expired, just need to know where to direct myself. He has quite a few acres (15?) planted.

I would appreciate any wisdom or direction.