Driscoll’s has filed a protective appeal challenging the recent summary judgment ruling by the U.S. District Court for the Eastern District in favor of California Berry Cultivars (CBC). This appeal reaffirms Driscoll’s commitment to defending its intellectual property, including the patented strawberry varieties that CBC unlawfully incorporated into its breeding program, which CBC’s own internal files have verified.
“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 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."
“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 program,” Bjorn added.
CBC was sued for substantially similar misconduct in 2017, and a federal jury unanimously found CBC liable for patent infringement. The recent ruling against Driscoll’s stands in stark contrast to that 2017 outcome, and Driscoll’s is confident this case will be overturned on appeal.
Bjorn emphasized the broader stakes of the case, pointing to the impact on innovation and the agricultural community as a whole. “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. Through this appeal, we aim to uphold the integrity of United States patent rights and reinforce that intellectual property protections matter,” he said.
About Driscoll’s
Driscoll’s is the global market leader of fresh strawberries, blueberries, raspberries, and blackberries. With more than 100 years of farming heritage, Driscoll’s is a pioneer of berry flavor innovation and the trusted consumer brand of Only the Finest Berries™. With more than 900 independent growers around the world, Driscoll’s develops exclusive patented berry varieties using only traditional breeding methods that focus on growing great-tasting berries. A dedicated team of agronomists, breeders, sensory analysts, plant pathologists, and entomologists help grow baby seedlings that are then grown on local family farms. Driscoll’s berries are grown in more than 20 countries and are available for consumers in more than 40 countries across North America, Australia, Europe, and China.
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Contacts
Frances Dillard, press@driscolls.com
