In early April, California Berry Cultivars (CBC) reported that the U.S. District Court for the Eastern District of California granted its motion for summary judgment in the lawsuit filed by Driscoll's, Inc., resolving all of Driscoll's claims against CBC in favor of CBC.

Faced with the Court's decision, Driscoll's filed a protective appeal, which disagrees with the judge's dismissal of the case. The litigation in question is based, Driscoll's argues, on the fact that CBC infringed patents on four strawberry varieties, thereby interfering with Driscoll's contracts with nurseries and breeders.

CBC presented its position in the face of Driscoll's protective appeal and the data provided by the company—information that the company shared in a statement—stating that Driscoll's proposal “mischaracterizes the circumstances of the litigation and demonstrates a profound disrespect for the District Court and our judicial system, as well as for CBC.”

California Berry Cultivars' response

In a statement, CBC stated the following:

"After five years of litigation and extensive discovery, including significant document production and multiple witness depositions, the federal District Court found Driscoll’s claims to be so lacking in legal or factual support that they did not merit a trial, and so the Court granted CBC judgment as a matter of law."

"Now having suffered this defeat, Driscoll’s issues a press release making the same allegations the federal District Court comprehensively rejected. CBC has consistently operated with integrity in its breeding programs and has successfully developed and commercialized numerous strawberry varieties in compliance with settled law." 

"Driscoll’s press release is stunning considering the District Court’s orders, but it is also symptomatic of the larger problem of Driscoll’s bullying business practices. 

"Though the press release makes much of Driscoll’s filing an appeal, court records confirm Driscoll’s is actively moving to dismiss that appeal. Were Driscoll’s to pursue its appeal, it would not only lose substantively, but it would further risk making appellate authority reaffirming Driscoll’s inability to preclude the development of new strawberry varieties by its competitors and thus further undermine Driscoll’s anti-competitive business model and practices."

"It is likewise well past time for Driscoll’s to respect the federal District Court’s ruling, which is only the latest in a series of orders rejecting all of Driscoll’s claims and allegations in CBC’s favor," concludes the statement from California Berry Cultivars.

Related article: Driscoll's appeals court decision on its strawberry patent