California Berry Cultivars wins summary judgment in Driscoll’s lawsuit

The company calls the decision a substantiation of its claims of ethical, lawful strawberry breeding.

A wooden table sits in the foreground is set with several items; a jar of yellow flowers, a set of scales with strawberries on both sides, a judge’s gavel and a leather folio with legal papers poking out. The background is out-of-focus garden setting.
California Berry Cultivars says the U.S. District Court for the Eastern District of California granted the company’s motion for summary judgment in a lawsuit filed by Driscoll’s Inc., resolving all claims in CBC’s favor.
(Photo courtesy of California Berry Cultivars)

California Berry Cultivars LLC, an independent plant breeding company focused on strawberry genetics, says the U.S. District Court for the Eastern District of California granted its motion for summary judgment in the lawsuit filed by Driscoll’s Inc., resolving all of Driscoll’s claims in CBC’s favor.

“This ruling is a strong affirmation of the integrity of our breeding program and our commitment to independent innovation in the strawberry industry,” A.G. Kawamura, president of CBC and former California agriculture secretary, said in a news release. “We are proud to continue offering high-performing, flavorful strawberry varieties to growers and consumers alike.”

Driscoll’s initiated the litigation in 2019, alleging CBC infringed Driscoll’s patents on four of its strawberry varieties and supposedly interfered with Driscoll’s contracts with nurseries and breeders in connection with CBC’s breeding program, the release said. CBC said that, from the outset, the court’s rulings favored the company, resulting in the dismissal of Driscoll’s interference claims. Now, with only Driscoll’s patent claims surviving, the court has granted CBC’s motion for summary judgment, eliminating all of Driscoll’s claims against CBC, the release said.

CBC says the legal victory against the claims substantiates its position that it acted lawfully and ethically in its breeding efforts.

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