The Regents of the University of California v. California Berry Cultivars LLC, Douglas Shaw, and Kirk Larson
Published: Nov. 3, 2017 | Result Date: Sep. 15, 2017 |Case number: 3:16-cv-02477-VC Verdict – Plaintiff
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Matthew A. Chivvis
(Morrison & Foerster LLP)
Alex N. Hadduck
(Holland & Knight LLP)
Barbara N. Barath
(Morrison & Foerster LLP)
David D. Scannell
(Morrison & Foerster LLP)
Elizabeth Ann Patterson
(Morrison & Foerster LLP)
Jacob P. Ewerdt
(Morrison & Foerster LLP)
Rachel S. Dolphin
(Morrison & Foerster LLP)
Scott F. Llewellyn
(Morrison & Foerster LLP)
Wesley E. Overson Jr.
(Morrison & Foerster LLP)
Defendant
Gregory L. Lippetz
(Jones Day)
Alexis Adian H. Smith
(Jones Day)
Frederick L. McKnight
(Jones Day)
Nathaniel P. Garrett
(Jones Day)
Tharan G. Lanier
(Jones Day)
Paul C. Hines
(Jones Day)
Facts
The Regents of the University of California sued California Berry Cultivars LLC and two of its founders for patent infringement relating to California Berry Cultivars's strawberry breeding program. California Berry Cultivars was a start-up company formed by two former University of California professors.
Defendants filed a counterclaim.
Contentions
PLAINTIFF'S CONTENTIONS: The university contended that defendants stole patented strawberry plants from the university to start its breeding business.
DEFENDANTS' CONTENTIONS: Defendants argued that the university acted in bad faith against it.
Result
The jury returned a verdict in favor of the university. The parties reached a settlement after the verdict. Pursuant to the settlement, defendants agreed to give up all claims and rights with respect to certain strawberry plants and transfer ownership to the university. The university will evaluate whether the plants should be released to the public.
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