Brassica Sues Two More Growers and a Seed Company

BrassicaSues Two More Growers and A Seed Company


International Specialty Supply

November 26, 2000

Youcan add International Specialty Supply’s Prime Seed Division, InternationalSpecialty Supply’s Sungarden Sprouting Division and Sunrise Farms tothe list of those being sued by Brassica.  ISS is being sued for sellingcrucifer seeds that Brassica feels may have infringed upon their patent. The two sprout companies are being sued for growing broccoli sprouts thatBrassica feels may have infringed.  This brings the total up to six sproutgrowers, one of which is also a seed company.

Thefirst of the six who were be sued, Harmony Farms, has filed an Answerand Counterclaim, a Request for Documents, Notice of Deposition withrespect to the two plaintiffs (Brassica Protection Products and Johns HopkinsUniversity) and the two inventors, A Motion for Partial Summary Judgment RegardingValidity, and a Motion for Partial Summary Judgment Regarding Infringement.

Brassica,apparently realizing that all defendants may use this approach, quickly madea motion to transfer these actions and the actions of the five other defendantsto a common court in Maryland (Their home turf).  If this motion isgranted, a transferee court will handle all the pretrial matters in all sixlawsuits.

Harmonyhas filed a response to the Motion to Transfer that included aCountermotion to Stay the Discovery and for an Early Hearing on the ClaimConstruction of the patents.  This claim construction hearing shouldlet the defendants know what, if anything, a sprout grower could do toinfringe the patents.