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Jury rules with school in fight over California strawberries

Capital Press Agriculture News Oregon -

FRESNO, Calif. (AP) — A renowned strawberry researcher in California broke patent law and violated a loyalty pledge to his former university by taking his work with him to profit from it in a private company, a jury in San Francisco decided Wednesday.

Professor Douglas Shaw formed his own research firm with others after retiring from the University of California, Davis, where for years he had overseen the school’s strawberry breeding program, developing a heartier and tastier fruit.

Jurors in the federal court decided that he used seeds developed at UC Davis without gaining the university’s permission.

The rift struck fear in some farmers in California, the No. 1 strawberry-growing state, that it would stymie research and cause them to lose their competitive edge. California last year produced 1.6 million tons of strawberries valued at roughly $2 billion, according to the U.S. Department of Agriculture.

The university’s strawberry breeding program is now under new leadership, providing farmers and consumers with new generations of the fruit, school officials said.

“This federal jury decision is good news for public strawberry breeders at UC Davis and all strawberry farmers throughout California and the world,” said Helene Dillard, dean of the UC Davis College of Agriculture and Environmental Sciences.

After reading the verdicts, Judge Vince Chhabria, who oversaw the trial, scolded both sides, expressing doubt about the sincerity they claimed to have for the strawberry industry.

“If you really care about strawberries, and if you really cared about California’s Strawberry Breeding Program, you would figure out a way... to avoid subjecting them to this custody battle,” he said.

Shaw had first sued UC Davis after he retired, saying that the university unfairly destroyed some of his work and keeps some of his other research locked in a freezer, depriving the world of a better strawberry. He had sought $45 million for lost research. The university countersued.

Shaw, 63, is a giant in the strawberry world, heading the university’s lucrative breeding program for more than two decades alongside plant biologist Kirk Larson. Most of California’s strawberry farmers grow plants developed by Shaw and Larson.

The two men developed 24 new varieties, allowing growers to double the amount of strawberries produced while retaining the fruit’s succulence. They created strawberries that were more pest- and disease-resistant, more durable during long-distance travel and capable of growing during the shorter days of spring and fall.

The partners say their work netted the university $100 million in royalties. How much they themselves made at UC Davis is unclear, but they say they contributed more than $9 million of their own royalties toward the university’s breeding program.

They retired from the university in 2014 because, they said, the school was winding down the program. Working in partnership with growers and nurseries, they launched a business called California Berry Cultivars, based in Watsonville, to develop new strawberry varieties.

Attorney Sharyl Reisman, who represents the professors and the California Berry Cultivars, said that despite the disappointing verdict, her clients wish to find a way to collaborate with the university.

Damages the professors owe in the case will be decided later, the judge said.

A.G. Kawamura, a strawberry farmer, former California agriculture secretary and part owner of the California Berry Cultivars, said the judge’s comments signal a need for much more work to settle the dispute, even after the trial.

“We still believe there’s good reason to hope for a collaborative progress for all parties to move our strawberry industry forward without litigation,” Kawamura said. “We are still committed to being an important part of the California strawberry industry.

Survey finds US honeybee losses improve from horrible to bad

Capital Press Agriculture News Oregon -

WASHINGTON (AP) — There’s a glimmer of hope for America’s ailing honeybees as winter losses were the lowest in more than a decade, according to a U.S. survey of beekeepers released Thursday.

Beekeepers lost 21 percent of their colonies over last winter, the annual Bee Informed Partnership survey found. That’s the lowest winter loss level since the survey started in 2006 and an improvement from nearly 27 percent the winter before.

The U.S. government has set a goal of keeping losses under 15 percent in the winter.

“It’s good news in that the numbers are down, but it’s certainly not a good picture,” said survey director Dennis vanEngelsdorp. “It’s gone from horrible to bad.”

Reduction in varroa mites, a lethal parasite, is likely the main cause of the improvement, said vanEnglesdorp, a University of Maryland entomologist. He credited the reduction in the parasite to a new product to fight the mite and better weather for pesticide use.

The 10-year average for winter losses is 28.4 percent.

“We would of course all love it if the trend continues, but there are so many factors playing a role in colony health,” said bee expert Elina Lastro Nino at the University of California Davis, who wasn’t part of the survey. “I am glad to see this, but wouldn’t celebrate too much yet.”

For more than a decade, bees and other pollinators have been rapidly declining with scientists blaming a mix of parasites, disease, pesticides and poor nutrition.

While usually hive losses are worst in the winter, they occur year round. The survey found yearly losses also down, but not quite to record levels. About one third of the honey bee colonies that were around in April 2016 were dead a year later, the survey found. That’s better than the year before when the annual loss rate was more than 40 percent.

The survey, originally started by the U.S. government and now run by a nonprofit, is based on information from nearly 5,000 beekeepers who manage more than 360,000 colonies. University of Montana’s Jerry Bromenshenk said the study gives too much weight to backyard beekeepers rather than commercial beekeepers.

Timber company plans lawsuit over Elliott Forest

Capital Press Agriculture News Oregon -

SALEM, Ore. (AP) — An Oregon timber company reportedly plans to sue its home state for $3.3 million after its plans to buy the Elliott State Forest recently fell through.

The Coos Bay World reports attorneys for Lone Rock Timber Management Company of Roseburg alerted the Oregon State Lands Department of their plans last week in an email.

Lone Rock was the sole bidder for the 82,500-acre forest, which was on sale for $220 million as a way to meet its financial obligation to produce funds for public education. The state land board reversed its decision to sell it earlier this month.

Lone Rock’s attorneys say the company has suffered millions of dollars in out-of-pocket losses and lost business opportunity, and will seek tort claims for misrepresentation and negligence.

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