What action should a farmer take if suing a seed supplier for unauthorized sale of patented seeds?

In a scenario where a farmer is suing a seed supplier for the unauthorized sale of patented seeds, moving for an involuntary dismissal with prejudice is a strategic legal action, but it may not be the most applicable in this context. If the farmer believes the case should be dismissed due to a lack of merit or undesirable legal aspects, a motion for involuntary dismissal with prejudice would mean the case cannot be refiled. However, this usually applies when a party seeks to end a case that is deemed weak or without sufficient grounds.

In contrast, seeking a motion for summary judgment is a more appropriate approach in this instance. A summary judgment motion can be filed when one party believes there are no genuine disputes about material facts, and thus, they are entitled to judgment as a matter of law. In cases involving patent issues, the farmer could argue that the evidence clearly shows unauthorized sale by the seed supplier without the need for a full trial. This approach can lead to a quicker resolution of the matter without further litigation.

Continuing the trial to find a settlement or negotiating a settlement would imply a willingness to resolve the matter outside of court, which is often a beneficial practice but diverges from the primary legal mechanics involved in patent infringement disputes. Therefore, while dismissal might