An Intellectual Property team, including attorneys Deepro Mukerjee, Lance Soderstrom, Joseph Janusz and Guylaine Haché, was victorious in a plant patent infringement suit brought against their client Avocados Plus, according to an article appearing in Law360. In September 2018, Agroindustria Ocoeña SA (AIOSA) sued Avocados Plus—which does business as Fresh Directions International—for infringement, alleging it sold and imported avocado fruits that infringed the plant patent without a license or other permission.
The Katten team aggressively pursued counterclaims seeking a declaratory judgment that it didn't infringe, given that AIOSA owner Carlos Castillo Pimentel expressly authorized use of the patent to his brother, Manuel Castillo Pimentel, the defendant. Katten's team also filed counterclaims for invalidity. With fact discovery coming to a close, Katten's attorneys were able to persuade plaintiffs to drop the suit in its entirety and enter into an order, which publically acknowledged Avocado Plus' rights to the patent-in-suit.
"We are very pleased with the result and that our client's rights have been recognized," said Deepro.
Read “That Was Guacward: Brother Always Had Right to Avocado IP” in its entirety.
In other media coverage:
“Florida Lawsuit Over Rights to the Tasty ‘Carla’ Avocado Ends With a Public Apology,” Miami Herald, June 13, 2019
“Avocado Company Drops Plant Patent Suit Against Rival,” Life Sciences Intellectual Property Review, June 12, 2019
“Conflict Over the Patent for an Avocado Ends With an Apology,” El Dia, June 12, 2019