Worldwide berry company Driscoll’s has said it is ‘confident’ it can overturn on appeal a court ruling from April that found in favour of California Berry Cultivars (CBC), which Driscoll’s continues to accuse of unlawfully incorporating patented strawberry varieties into its own breeding programme.
In a statement, the group said it had appealed the decision in order to reaffirm its commitment to defending its intellectual property. “We disagree with the judge’s dismissal of the case for lack of evidence,” said Driscoll’s CEO Soren Bjorn. “CBC’s own breeding records, which were admitted before the court, clearly show CBC used Driscoll’s patented varieties without authorisation.
“We believe in a fair and competitive marketplace, which includes respecting intellectual property rights, and we will pursue those who misappropriate our plants to breed their own varieties. Because Driscoll’s does not sell its plants, there is no legitimate way for CBC to have obtained the patented varieties CBC used in its breeding programme.”
In 2017, CBC was found liable for patent infringement when a federal jury determined that its founders – former UC Davis breeders Kirk Larson and Douglas Shaw – had contravened strawberry patents belonging to the university and used that material to develop new varieties without permission.
“CBC took what wasn’t theirs, and that kind of misconduct threatens not only Driscoll’s investments in innovation, but the entire system that protects creativity and advancement in agriculture,” added Bjorn. “Through this appeal, we aim to uphold the integrity of United States patent rights and reinforce that intellectual property protections matter.”
CBC was sued for substantially similar misconduct in 2017, and a federal jury unanimously found CBC liable for patent infringement. Driscoll’s says the most recent ruling against it stands in stark contrast to the 2017 outcome, and that it is confident this case will be overturned on appeal.
