Flower Breeder Ends Petunia Patent Suit Against German Rival

A German ornamental plant breeder dropped patent infringement allegations against a rival before the competitor responded to the original complaint.

Chief Judge Rodney Gilstrap of the US District Court for the Eastern District of Texas on Oct. 29 dismissed, without prejudice, Selecta Klemm GmbH and Klemm & Sohn GMBH’s suit against Westhoff Vertriebsgesellschaft mbH. Selecta had asked to drop the suit a week earlier.

• Selecta sued Westhoff November 2023, accusing the competitor of infringing US Patent Nos. 10,588,288 and 11,266,114 by using similar methods for breeding petunias. The patents protect Selecta’s NightSky spotted petunia variety.
• The competitor told Selecta ...