PVPA infringement – $2,975,000 judgment

South Dakota Board of Regents v. James Fevold, Fevold Farm Service, Fevold Seed Farm, and John Does 1-50, N.D. Iowa, 3:18-CV-3005 LTS.

Representing the South Dakota Board of Regents, we obtained a series of judgments stemming from an illegal seed operator in Iowa, and also secured a permanent injunction against the continued unauthorized use of our client’s proprietary seed technology. The Fevold defendants agreed they “intentionally, willfully and maliciously infringed” our client’s intellectual property, having illegally sold more than 85,000 bushels of oat seed that was federally protected in commerce as delivered and sold to downstream farmers and seed distributors. In at least one instance, the lack of quality control led to a complete crop loss.

The Judgment Declaring

“It is further ORDERED, ADJUDGED, and DECREED that Fevold Defendants shall be liable to Plaintiff for damages in the amount of Two Million, Nine Hundred Seventy-Five Thousand Dollars and No Cents ($2,975,000.00) for the purpose of rectifying the harm to Plaintiff caused by Fevold Defendants, and such amount shall accrue interest at the maximum rate allowed under the law.”