Central Valley Seeds files patent infringement lawsuit in U.S. District Court against Shamrock Seed Company, a subsidiary of Limagrain
Date:07-24-2017
Central Valley Seeds, Inc., announced today that on July 20, 2017 it filed a patent infringement lawsuit in U.S. District Court, Northern District of California, San Jose Division, against Shamrock Seed Company, dba Vilmorin North America (“Shamrock”) and its parent companies in France, Vilmorin & CIE SA (“Vilmorin”) and Groupe Limagrain Holding (“Limagrain”).
The lawsuit asserts that Shamrock, a former dealer for Central Valley Seeds, illegally used Central Valley Seeds’ patented romaine lettuce seed variety, Sunbelt, protected by Patent No. 6,841,723, to create another romaine lettuce seed variety that Shamrock calls Vaquero. The lawsuit alleges that Shamrock has been advertising Vaquero seed to be “the same as Sunbelt” or “as good as Sunbelt.”
In addition to alleging a breach of the Sunbelt patent, the lawsuit asserts that Shamrock’s use of Sunbelt to create the Vaquero seed variety violates Shamrock’s former dealership contract with Central Valley Seeds, and constitutes unfair competition under both federal and state laws, among other claims.
The lawsuit seeks damages as well as injunctive relief, which if granted, will require Shamrock, Vilmorin and Limagrain to cease and desist from continuing to market and sell Vaquero lettuce seed.
Central Valley Seeds is a privately owned family vegetable seed company operated by the four Avila brothers which has been in business for 30 years. Central Valley Seeds is a breeder/producer and sales company which is the market leader in selling proprietary romaine lettuce seed varieties in the U.S., and which has a valuable portfolio of lettuce seed patents and other intellectual property assets.