Driscoll's has filed a protective appeal against the recent summary judgment entered by the U.S. District Court for the Eastern District in favor of California Berry Cultivars (CBC).

The case dates back to 2019, when Driscoll’s filed a lawsuit alleging that CBC had infringed on patents for four of its proprietary strawberry varieties. The company also claimed CBC interfered with Driscoll’s contracts with nurseries and breeders as part of CBC’s breeding program.

However, in early April 2025, the court granted CBC’s motion for summary judgment, dismissing all of Driscoll’s claims.

In response, Driscoll’s is appealing the decision to defend what it describes as vital intellectual property rights, including patented strawberry varieties that it alleges were unlawfully used in CBC’s breeding program - claims the company says are supported by CBC’s internal documents.

“We do not agree with the judge's dismissal of the case for lack of evidence,” stated Driscoll's CEO, Soren Bjorn.

"CBC's breeding records, which were admitted in court, clearly show that CBC used Driscoll's patented varieties without authorization. We believe in a fair and competitive marketplace, which includes respect for intellectual property rights, and we will pursue those who misappropriate our plants for their own varieties," he said.

Bjorn emphasized that Driscoll’s does not sell its plant material, stating there is no legitimate way for CBC to have obtained the patented varieties used in its breeding program.

CBC was sued for similar misconduct in 2017, and a federal jury unanimously found CBC liable for patent infringement. The recent judgment against Driscoll's contrasts sharply with the 2017 outcome, and the company is confident that this case will be overturned on appeal.

Bjorn also emphasized the high stakes of this case, noting its impact on innovation and the agricultural community as a whole.

“CBC appropriated what was not 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.

He added that with this appeal, “we intend to defend the integrity of U.S. patent rights and reinforce that intellectual property protections matter.”

*Photo credits: Driscoll's via website.

Related article: California Berry Cultivars wins summary judgment in lawsuit filed by Driscoll’s, Inc.