When the intellectual property rights to a unique double-flowering vine called the Tango Twirl was called into question, Monrovia Nursery turned to Lewis Roca to untangle and defend its true origins.
The case stemmed from a license agreement for the originating cultivar (cultivated plant species) sold by Monrovia under the brand name, Pink Parfait. Monrovia went on to discover a branch mutation of the plant and developed a double-flowering cultivar that it sold under the name Tango Twirl.
Armed with a deep knowledge of the horticultural industry and inspired by Monrovia’s painstaking dedication to preserving Tango Twirl’s origins, Lewis Roca partners David Dillard and Gregory Lampert worked closely with Monrovia to vigorously fight a patent infringement suit and subsequent appeal.
Monrovia prevailed with the court finding no evidence that royalties should be paid to a second party, who claimed the plant came from one of its lines, demonstrating it may only take one to Tango.
“Lewis Roca’s understanding of our business and the horticultural industry was vital to this case,” said Monrovia CEO Jonathan Pederson.
- Intellectual Property Practice Group Leader, Partner