Parts of a patent infringement lawsuit concerning strawberry varieties have been curtailed, according to a federal judge's ruling. The case involves the University of California, Davis, and Douglas Shaw, who was found by a federal jury to have misappropriated plants to initiate his strawberry venture, California Berry Cultivars, without the university's approval.
UC Davis pursued a conversion and patent infringement lawsuit, resulting in a jury finding Shaw in violation of nine strawberry patents. A settlement required Shaw to return specific plants and seeds and permitted UC Davis to test future varieties for university-owned DNA.
Separately, Driscoll alleged it was also a victim of theft, presenting witness testimony and exhibits claiming Shaw utilized four of its patented varieties—Camarillo, Amesti, Lusa, and Marquis—at his lab. Driscoll contends these strains originated at its Central Valley lab and were used by Shaw for crossbreeding.
Driscoll initiated legal action against Shaw and California Berry Cultivars in 2019. However, in July 2021, U.S. District Judge Troy Nunley dismissed most of the patent infringement claims, leaving only one claim for declaratory relief, describing Driscoll's complaint as vague.
In response to Driscoll's second amended complaint, the defendants argued that Driscoll failed to adequately establish multiple elements of its intentional interference with a contract claim or identify a valid contract. They noted Driscoll referenced a "pool of at least five (and potentially more) alleged agreements" but did not specify "the actual contract or contracts allegedly interfered with."
Judge Nunley dismissed two of Driscoll's six claims, noting deficiencies in identifying specific contracts and demonstrating an actual breach or disruption of the relationship. "While Driscoll's has specified the eight nurseries that propagate, and the 54 growers that receive Amesti, Lusa, and Marquis, it still fails to allege the existence of a specific contract or contracts serving as the basis for its allegations," he stated.
Nunley allowed Driscoll's a final opportunity to amend its complaint, granting 30 days for filing and 21 days for the defendants' response. Driscoll's general counsel, Tom O'Brien, expressed readiness to prove the unauthorized use of its varieties in court.
The legal conflicts occur as California remains a leading strawberry producer, responsible for about 90% of the U.S. crop. The University of California holds over half of all patented strawberry varieties.
Source: Courthouse News Service