Company launches appeal against decision in favour of California Berry Cultivars, which it says infringed its strawberry variety patents
Berry marketer Driscoll’s says it is “confident” it can overturn an April court ruling that found in favour of California Berry Cultivars (CBC), which it continues to accuse of unlawfully incorporating patented strawberry varieties into its own breeding programme.
In a statement, the group said it had appeal the decision in order to reaffirm its commitment to defending its intellectual property. It also argued that CBC’s own internal files had “verified” the theft.
“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.”
He added: “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.
In launching its appeal, Driscoll’s said CBC’s “substantially similar misconduct” stood in “stark contrast” to that earlier case.
“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,” Bjorn added.
“Through this appeal, we aim to uphold the integrity of United States patent rights and reinforce that intellectual property protections matter.”
