Watsonville, Calif.-based Driscoll’s Inc. has filed a complaint in federal court against strawberry breeding company California Berry Cultivars and the company’s co-founder Douglas Shaw.
A spokesperson for California Berry Cultivars could not immediately be reached for comment.
The lawsuit, filed in the Sacramento Division of the Eastern District of California, alleges patent infringement and conversion of Driscoll’s proprietary strawberry varieties, according to a news release.
Plant patents and plant breeder rights are protected under international and U.S. legal systems.
“Driscoll’s has made it our mission to produce fresh berries that consistently delight consumers through a hallmark of great flavor. We’ve been able to differentiate the flavor of our berries by investing in our dedicated, traditional breeding program, which provides exclusive varieties to hundreds of independent family farmers,” Driscoll’s chairman and CEO Miles Reiter said in the release. “We believe in a fair and competitive marketplace, and will take required actions to protect our research, patents and proprietary varieties.”
This suit follows earlier litigation between UC Davis and California Berry Cultivars (CBC) in May 2017, according to the release, where a jury found CBC had committed willful patent infringement. As a result of the trial, certain CBC breeding records were made public, according to the release. Those records, Driscoll’s said in the release, reveal that CBC had been breeding with several of Driscoll’s varieties.
“We will stand up for our patented varieties and the farming families who rely on our breeding programs,” said Driscoll’s general counsel Tom O’Brien said in the release. “Driscoll’s and all of the strawberry breeding programs in California have an interest in fostering fair competition that benefits consumers and growers. We cannot and will not abide by the illegal and unauthorized use of our varieties and believe that all breeding programs should be protected from these kinds of actions.”
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