The 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program has been a huge success for California. During six decades, the program has developed more than 30 patented varieties, made strawberries a year-round crop in California, and boosted strawberry yield from just 6 tons per acre in the 1950s to 30 tons per acre today.
Thanks to the 新澳门六合彩内幕信息 Davis program, California growers pay lower rates than others for our strawberries and get access to new varieties before growers elsewhere. Fees from licensing strawberry varieties go back to the program to support the research and innovation on which the industry relies.
新澳门六合彩内幕信息 Davis has an unwavering commitment to continue the public breeding program today and into the future. Below are answers to some of the most frequently asked questions about the program:
What is the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program?
The University of California has been breeding strawberries since the 1930s, and the Strawberry Breeding Program has been located at 新澳门六合彩内幕信息 Davis since 1952. The program, including both research and teaching components, is housed in the in the Its goal is to develop new, commercially useful varieties of strawberry plants that have higher quality berries, are less vulnerable to pests and diseases and can be grown more efficiently. The program now provides education and training for graduate and undergraduate students.
What is the mission of the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program?鈥
The mission of the applied public breeding program is to develop superior varieties that are available to the entire California strawberry industry. Professor Steve Knapp has revitalized the program to train the next generation of breeders and contributors needed to maintain this vital industry, and is applying the tools of genetics and genomics to make gains in areas such as disease resistance, drought and salinity tolerance, taste, and more.
What is California鈥檚 standing in the strawberry industry?
California is the dominant producer of both fresh and processed strawberries, providing more than 87 percent of the strawberries consumed in North America. Strawberry varieties developed at 新澳门六合彩内幕信息 Davis produce about 60 percent of the strawberries consumed worldwide.
What was the outcome of the lawsuit between California Berry Cultivars and the University of California?
新澳门六合彩内幕信息 Davis issued the following statement on Sept. 15, 2017:
"Settlement reached in 新澳门六合彩内幕信息鈥檚 lawsuit against California Berry Cultivars and former faculty
A settlement has been reached in the strawberry breeding dispute between the University of California Regents and California Berry Cultivars (CBC), a private start鈥恥p company formed by strawberry growers and nurseries and including two former 新澳门六合彩内幕信息 faculty that ran the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program.
Both sides have agreed that strawberry plants bred with unreleased 新澳门六合彩内幕信息 strawberry varieties will be transferred to and are owned by the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program where the plants will be evaluated and, if deemed suitable, released to the public. Both sides also agreed that 新澳门六合彩内幕信息 owns varieties developed by the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program and that CBC retains its interests in certain varieties it bred. Both sides鈥 claims against the other will be dismissed."
What was the verdict on the lawsuit between California Berry Cultivars and the University of California?
On May 24, 2017, a federal jury in San Francisco ruled in favor of the University of California in its lawsuit with the two former 新澳门六合彩内幕信息 Davis strawberry breeders and their private breeding company, California Berry Cultivars. The jurors unanimously decided that the two breeders willfully infringed 新澳门六合彩内幕信息 patents, breached duties of loyalty and fiduciary duty owed to 新澳门六合彩内幕信息, and converted plant material owned by the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program to develop berries for their corporate breeding firm, which they established along with several large commercial nurseries and growers. The breeders had established the firm while they were still employed by the university, and had used 新澳门六合彩内幕信息 strawberry varieties in the new firm without the university's knowledge or permission.
The case will return to federal court on May 31, when the judge will consider issues related to legal remedies that were not for the jury to decide.
What is the status of the remedy phase of the trial?
On May 31 and June 1, U.S. District Judge Vince Chhabria heard testimony in the remedy phase of the trial. 新澳门六合彩内幕信息 is asking the judge to prohibit CBC from using any varieties that are descended from the plant material Shaw and Larson wrongfully took from the 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program. 新澳门六合彩内幕信息 wants to retain possession of the elite plant material and continue to develop public varieties that benefit all farmers. Larson and Shaw receive royalties from any patented varieties produced with plant material they helped develop during their tenure with the university. They do not have the right to use those plants, which were developed using public funds, in a private business.
The parties submitted briefing on the issues, and final hearing on this phase will occur in federal court in San Francisco on July 6.
What was the outcome of the summary judgment for the lawsuit between 新澳门六合彩内幕信息 (新澳门六合彩内幕信息) and California Berry Cultivars, LLC?
In a summary judgement issued in March 2017, the Court ruled against CBC on all of its claims except for one, and suggested CBC has no damages on that remaining claim. In contrast, the Court ruled in 新澳门六合彩内幕信息鈥檚 favor on patent infringement, ownership of tangible property, and breach of contract. Below is a summary of the Court鈥檚 rulings:
CBC鈥檚 claimed:
- The Court found against CBC on its breach of contract, conversion, and breach of fiduciary duty claims. CBC鈥檚 sole remaining claim has been limited to a single theory, for which the Court has suggested CBC has not shown damages.
- Ownership鈥擟BC had claimed it owned strawberry plants developed by former 新澳门六合彩内幕信息 employees. The Court found that 新澳门六合彩内幕信息 owns the tangible property rights in these plants.
- Breach of Contract鈥斝掳拿帕喜誓谀恍畔 employees are required to assign rights to the University, and give data to the institution when asked. The Court found the former 新澳门六合彩内幕信息 Davis employees who established CBC breached their contracts by not complying with these requests during their time of employment.
- Patent Infringement鈥擳he Court found that CBC infringed upon 新澳门六合彩内幕信息 owned patents by taking strawberry cultivars from the public breeding program for use in its own breeding program. The Court found that CBC also infringed if it imported strawberry seeds from breeding it conducted in Spain with 新澳门六合彩内幕信息 patented strawberry plants.
The following 新澳门六合彩内幕信息 claims remained in the case for the jury trial against CBC. Because 新澳门六合彩内幕信息鈥檚 claims against CBC were the main dispute between the parties, the Court named CBC as the defendant in the case, although the lawsuit was initially filed by CBC and the former 新澳门六合彩内幕信息 breeders.
- Conversion of Property鈥擲ince the Court determined that CBC does not own tangible property rights in 新澳门六合彩内幕信息鈥檚 strawberry germplasm (plant-breeding collection), it would be unlawful for CBC to have used this germplasm without 新澳门六合彩内幕信息鈥檚 permission. An independent DNA analysis from a professor at Yale University determined that the strawberry plants used by CBC to establish its breeding program were from 新澳门六合彩内幕信息鈥檚 strawberry germplasm.
- Breach of Duty and Loyalty鈥 The former 新澳门六合彩内幕信息 Davis employees who established CBC did so with 新澳门六合彩内幕信息 partners and growers while still employed at 新澳门六合彩内幕信息 Davis. CBC is a for-profit breeding company using strawberry germplasm from the public breeding program. This was conducted without permission or licensing from 新澳门六合彩内幕信息, and with the intent to compete with and end the public breeding program.
- Business Interference鈥擟BC interfered with 新澳门六合彩内幕信息 business relationships, including its licensees.
- Patent Infringement鈥擳he only issue remaining on 新澳门六合彩内幕信息鈥檚 patent infringement claim was the extent of CBC鈥檚 infringement.
Who are California Berry Cultivars, LLC?
California Berry Cultivars, LLC consists of former employees and breeders of 新澳门六合彩内幕信息 Davis who, along with other large commercial nurseries鈥 and growers including: Orange County Growers, California Giant Berry Farms, Western Berries, and International Semillas, LLC, established a corporate breeding company using strawberry germplasm owned by the public 新澳门六合彩内幕信息 Davis Public Strawberry Breeding Program. 鈥
How many varieties have been developed by 新澳门六合彩内幕信息 Davis strawberry breeders?
The university currently holds patents on more than 30 strawberry varieties, all of which have been licensed to nurseries to commercialize and sell to strawberry growers. For the first two years after patenting, varieties from the program are available only to nurseries in California, giving growers in the state a competitive advantage.
How is the breeding and research program funded?
The program is funded primarily by revenue from licensing strawberry varieties. The amount of licensing revenue varies from year to year but in fiscal year 2015 the University of California collected $6.9 million in gross licensing revenue on five of its patented strawberry varieties. After deduction of certain patent expenses, the remainder is shared between the campus inventors, the 新澳门六合彩内幕信息 Office of the President and 新澳门六合彩内幕信息 Davis, with some of the university funds going to support the program.
Will 新澳门六合彩内幕信息 Davis be licensing the strawberry plant collection to any commercial breeders or other researchers?
The university has decided that the germplasm, or experimental collection of strawberry plants, will be retained strictly in the public breeding program, rather than being licensed to any commercial breeders or companies. The breeding program鈥檚 patented and licensed strawberry varieties, however, will continue to be made available for a fee to nurseries, which sell the plants to strawberry farmers.
How does the breeding program benefit strawberry growers?
California farmers pay lower rates than other farmers for 新澳门六合彩内幕信息 Davis-developed strawberries because of the strawberry breeding program. The university is committed to ensuring that our rates will remain highly competitive and attractive in the future. Our current licensing fee of 8 cents per each plant that the contracting nurseries sell to growers is considerably lower than those of other university or commercial breeding programs.
What steps has the university taken to ensure the ongoing stability and productivity of the Public Strawberry Breeding Program?
The university has created multiple copies of each of the approximately 1,700 strawberry genotypes (individuals) in the germplasm collection, which includes historically, scientifically, and economically genetic materials and cultivars. The program currently has new cultivars in the pipeline.
In addition to developing cultivars, the strawberry breeding program is heavily engaged in teaching, training, and mentoring undergraduate and graduate students and postdoctoral researchers. Professor Steve Knapp is using genetic and genomic tools to advance the program and is in the process of collaborating with other US land-grant institutions to secure additional funding. The revitalized 新澳门六合彩内幕信息 Davis Strawberry Breeding Program will continue to serve California鈥檚 strawberry producers, shippers, processors, and consumers, as it has done for more than 60 years.
Who owns the strawberry plants in the breeding program鈥檚 germplasm collection?
The collection of strawberry breeding plants is the property of the University of California. All University of California employees sign a form at the time they are hired, agreeing that any inventions or discoveries that they make during their employment at the university belong to the university. University breeders do, however, get part of the royalties that the university receives on patented and licensed strawberry plant varieties, which the breeders have developed.
Who currently manages the Public Strawberry Breeding Program?
The program is led by Director Steve Knapp, a professor of plant sciences with extensive experience in both university and commercial breeding programs, with Glenn Cole, a senior research associate in the 新澳门六合彩内幕信息 Davis Department of Plant Sciences with extensive commercial breeding experience.
What is the organizational structure of the current breeding program?
Professor Knapp has a team of 11 people working in applied breeding, genetics, and genomics including staff researchers, graduate students, and postdoctoral trainees.
What are the current locations for the public breeding program?
The 新澳门六合彩内幕信息 Public Strawberry Breeding Program operates out of four primary locations: The 新澳门六合彩内幕信息 Davis campus; Wolfskill Experimental Orchards in Winters; field locations in Monterey County; and the South Coast Research and Extension Center in Irvine. The short-day breeding program is relocating from Irvine to Oxnard over the summer of 2017.
The strawberry germplasm collection is annually preserved by clonal propagation at the Wolfskill location and securely stored at 新澳门六合彩内幕信息 Davis, and the collection is replicated in 新澳门六合彩内幕信息 Davis greenhouses. Besides ongoing breeding and genetics experiments at these locations, the program conducts cultivar testing with commercial cooperators near Watsonville, Santa Maria, and Oxnard in open field and protected culture production systems.
Media Resources
Andy Fell, 新澳门六合彩内幕信息 Davis News and Media Relations, 530-752-4533, ahfell@ucdavis.edu