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No sanction for Driscoll’s after apex witness skips deposition in US strawberry patent suit

By Nick Robertson ( March 12, 2025, 15:31 GMT | Insight) -- Driscoll’s will not be sanctioned after the company’s CEO skipped a scheduled deposition, a California federal judge yesterday. Under the apex doctrine, the judge ruled, Driscoll's had good cause to object to the deposition. Driscoll’s sued California Berry Cultivars in 2019 in the Eastern District of California for patent infringement over strawberry varietals.Sanctions will not be levied against Driscoll’s after the company’s CEO did not appear at a scheduled deposition in a patent suit, an Eastern District of California judge ruled yesterday. US District Judge Troy Nunley agreed with Driscoll’s that CEO Soren Bjorn’s testimony should be precluded under the apex doctrine....

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