Former UC Davis Employees Sue Strawberry-Breeding Program

Two strawberry breeders formerly of the University of California, Davis
have filed a lawsuit against the university targeting its strawberry-breeding
program, which they argue is denying them the opportunity
to license the breeds they helped cultivate. Cal. Berry Cultivars LLC
v. Regents of U. of Cal., No. 16-2477 (N. Cal., removed to federal court
May 6, 2016). The scientists left the program in 2014 to start their own
cultivation company with a former California secretary of food and
agriculture. Their departure triggered a lawsuit from the California
Strawberry Commission, which asserted the university was neglecting
the program. The scientists now reportedly argue the university refuses
to license—“on a non-exclusive basis at a reasonable royalty”—the plants
to California Berry Cultivars to suppress competition, amounting to
allegations of conversion, breach of contract, breach of faith, breach of
fiduciary duty and unfair competition. Details about the settlement of the
previous lawsuit appear in Issue 555 of this Update. See Sacramento Bee,
May 3, 2016; Courthouse News Service, May 6, 2016.

Issue 604