Driscoll's, the leading berry company globally, licenses its new berry varieties to local farmers while enforcing strict patent rights. This article details a legal battle with California Berry Cultivars, founded by Dr. Doug Shaw, which allegedly utilized Driscoll's patented berry varieties in breeding without permission. Despite their claims, the district court ruled in favor of CBC, highlighting Driscoll's inability to provide compelling evidence that patented plants were used in breeding at a level needed for infringement. This case underscores the complexities of plant patent law and the challenges of proving infringement.
Driscoll's holds significant power in the berry market, not by growing berries directly but through licensing new varieties and enforcing strict patent rights.
California Berry Cultivars, founded by a former UC Davis professor, found itself in court after allegedly using Driscoll's patented varieties in their breeding.
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