A long-running patent infringement case brought by Watsonville-based Driscoll’s against California Berry Cultivars LLC has ended after a court in California found that Driscoll’s failed to provide enough evidence to continue their case.
Driscoll’s, who have not commented on the ruling, filed the lawsuit in 2019 alleging that California Berry Cultivars improperly used the company’s proprietary strawberry varieties in its breeding program.
According to legal news service IP Kat, ‘The broader dispute originated when prominent researcher Douglas Shaw left the University of California (UC Davis) to form his own private breeding business, California Berry Cultivars (CBC). Shaw and UC Davis settled in 2017 after a jury found that he took strawberry plants, including eleven patented varieties, from UC Davis without permission to use in CBC’s breeding programme.
‘This drew attention from the California-based Driscoll’s, the world’s largest berry company that holds many strawberry plant patents. The company initiated a claim in 2019 alleging that CBC had taken and used some of Driscoll’s varieties in its breeding programme without authorisation.’
Part of the reason for the rejection of the claim was that the breeding work under investigation occurred in Spain, and while resulting plant material was then imported into the US, plant crossbreeding that occurs outside the US is not actionable under the country’s Plant Patent Act.
“This ruling is a strong affirmation of the integrity of our breeding program and our commitment to independent innovation in the strawberry industry,” commented A.G. Kawamura, president of CBC and former California agriculture secretary. “We are proud to continue offering high-performing, flavourful strawberry varieties to growers and consumers alike.”
