Driscoll's, Inc. v. California Berry Cultivars, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DRISCOLL’S, INC., and DRISCOLL’S No. 2:19-cv-00493-TLN-CKD

OF EUROPE B.V.,

12 Plaintiffs, ORDER v.

CALIFORNIA BERRY CULTIVARS,

LLC, and DOUGLAS SHAW, Defendants. 17 This matter is before the Court on Defendants California Berry Cultivars, LLC (“CBC”) and Douglas Shaw’s (“Shaw”) (collectively, “Defendants”) Motion for Summary Judgment. (ECF No. 138.) Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe B.V.’s (collectively, “Driscoll’s”1) filed an opposition. (ECF No. 143.) Defendants filed a reply. (ECF No. 147.) For the reasons set forth below, the Court GRANTS Defendants’ motion. /// /// /// 26 The singular “Driscoll’s” is how Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe B.V. refer to themselves in the Second Amended Complaint, and the Court refers to them the same here. I. FACTUAL AND PROCEDURAL BACKGROUND2 Driscoll’s holds various strawberry patents and alleges Defendants infringed on several of those…