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SCIENCESaturday 6 May 2017

Strawberry scientist is sued over the fruits of his research

BY SCOTT SMITH                                                                                                               Working in partnership with
ASSOCIATED PRESS
FRESNO, Calif. (AP) -- Plant                                                                                                 growers and nurseries, they
scientist Douglas Shaw
spent his career toiling in                                                                                                  launched a business called
the fields in California to
grow the perfect strawber-                                                                                                   California Berry Cultivars,
ry, one that was plump and
bright red yet remained                                                                                                      based in Watsonville, to
sweet even after the long
trip to grocery stores across                                                                                                develop new strawberry
the country.
When the professor re-                                                                                                       varieties.
tired from the University
of California at Davis and                                                                                                   The university accuses the
set up his own strawberry-
breeding business, though,                                                                                                   researchers of patent in-
he found himself in a legal
jam.                                                                                                                         fringement and violating
In a case set for trial in fed-
eral court later this month,                                                                                                 an oath they signed not
the university is suing Shaw
and his scientific part-                                                                                                     to enrich themselves by
ner, saying they stole the
school’s intellectual prop-                                                                                                  taking or acquiring plants,
erty by taking some of the
fruits of their research with                                                                                                seeds and other biological
them.
The two scientists claim in                                                                                                  material and continuing
a $45 million lawsuit of their
own that the university has                                                                                                  their research using de-
unfairly kept some of their
work locked in a freezer                                                                                                     scendants of plants they
and is depriving the world
of a better strawberry.                                                                                                      developed at UC Davis.
Some farmers in the No. 1
strawberry-growing state                                                                                                     The scientists say they own
are worried the battle is go-
ing to stymie research and                                                                                                   the intellectual property
cause them to lose their
competitive edge. Califor-                                                                                                   at issue, and they accuse
nia last year produced 1.6
million tons of strawberries                                                                                                 the university of locking up
valued at roughly $2 bil-
lion, according to the U.S.                                                                                                  some of their plants and
Department of Agriculture.
“It doesn’t do anybody           In this April 20, 2007 file photo, strawberries are seen growing on Andrus Island near Rio Vista, Calif.  destroying hundreds of
any good for the university
                                                                                              Associated Press others, wiping out years of

                                                                                                                             research.q

                                 to keep these strawberry ing the fruit’s succulence.

                                 plants in a box,” said Rick They created strawberries

                                 Florida’s building boom threat-McKnight, an attorney for that were more pest- and

                                 the two former professors. disease-resistant, more du- ens wildlife-rich lagoon 

                                 “This is hurting the Califor- rable during long-distance

                                 nia strawberry industry in a  travel, or capable of grow-    Associated Press               pollutants into the lagoon,
                                 major way.”                   ing during the shorter days    ON THE INDIAN RIVER LA-        which runs 156 miles along
                                 Shaw, 63, is a giant in the   of spring and fall.            GOON, Fla. (AP) — The          Florida’s Atlantic Coast, al-
                                 strawberry world, heading     The partners say their work    most biologically diverse      most to Palm Beach, and
                                 the university’s lucrative    netted the university $100     waterway in America is se-     includes the Cape Canav-
                                 breeding program for more     million in royalties. How      riously ill. The Indian River  eral area.
                                 than two decades along-       much they themselves           Lagoon is repeatedly be-       “It’s the death by a thou-
                                 side fellow plant biologist   made at UC Davis is un-        ing choked with oxygen-        sand cuts,” said Bob Knight,
                                 Kirk Larson. Most of Cali-    clear, but they say they       robbing algae, its surface     an environmental scientist
                                 fornia’s strawberry farmers   contributed more than $9       increasingly dotted with       with the Howard T. Odum
                                 grow plants developed by      million of their own royal-    thousands of dead fish,        Florida Springs Institute who
                                 Shaw and Larson.              ties toward the university’s   manatees, birds and other      has studied Florida’s waters
                                 The two men developed         breeding program.              creatures. The culprits: farm  for 40 years.
                                 24 new varieties, allow-      They retired from the univer-  runoff and a huge influx       The lagoon’s woes threat-
                                 ing growers to double the     sity in 2014 because, they     of people that has sent        en the region’s $2.5 billion
                                 amount of strawberries        say, the school was wind-      lawn fertilizer and other      recreation.q
                                 produced while retain-        ing down the program.
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