SAN FRANCISCO – An Australian business alleges a Livermore wine business continued to use machines that violated its patent in a manner that violated the settlement agreement between the parties.

F&T Spagnolo Pty LTD filed a complaint on June 21 in the U.S. District Court for the Northern District of California against The Wine Group Inc. alleging patent infringement and breach of contract.

According to the complaint, the plaintiff alleges that it suffered damages as a result of its patented pruning machine being used outside by the defendant in March, which is in violation of a settlement agreement between the two parties. The suit states that per the settlement agreement, the defendant was permitted to use only a limited number of the machines for a fee and under specified conditions.

The plaintiff requests a trial by jury and seeks to enjoin the defendant from further infringing the '337 patent, destroy and cease using the reconstructed machines, damages, increased damages, all legal fees and any other relief as the court deems just. It is represented by James A. Oliff, John W. O'Meara and Peter T. Ewald of Oliff PLC in Alexandria, Virginia and by Susan van Keulun and Jonathan Crawford of O'Melveny & Myers in Menlo Park.

U.S. District Court for the Northern District of California Case number 3:16-cv-03455-NC

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U.S. District Court for the Northern District of California
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