Watsonville, Calif.-based berry grower Driscoll’s said it has filed a protective appeal that challenges a recent summary judgment ruling by the U.S. District Court for the Eastern District in favor of California Berry Cultivars (CBC).
In a news release in April, California Berry Cultivars said that from the outset, the court’s rulings favored the company, resulting in the dismissal of Driscoll’s interference claims. CBC said in the release that 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.
Driscoll’s said this appeal reaffirms its commitment to defending its intellectual property.
“We disagree with the judge’s dismissal of the case for lack of evidence,” Soren Bjorn, Driscoll’s CEO, said in a release. “CBC’s own breeding records, which were admitted before the court, clearly show CBC used Driscoll’s patented varieties without authorization. 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.”
Bjorn said that because Driscoll’s does not sell its plants, there was no legitimate way for CBC to obtain the patented varieties it used in its breeding program.
Driscoll’s cites a similar case in 2017, in which a federal jury found CBC liable for patent infringement.
“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 said. “Through this appeal, we aim to uphold the integrity of United States patent rights and reinforce that intellectual property protections matter.”
