Thursday, September 24, 2026

Oh, patents! Driscoll's clamshell container.

 Copyright © Françoise Herrmann

Titled Clamshell raspberry container, the scope of the US patent, US9469458B2*, assigned to Driscoll Strawberry Associates Inc., extends well beyond raspberries. According to the patent, the clamshell invention extends to “such as various berries, grapes or other fruit or produce items”. Indeed, this is quite a recognizable clamshell container, at least on most of the large US supermarket displays.

Considering the notable fragility of berries and the extra careful handling they require, Driscoll’s clamshell invention was structurally designed to further protect produce during shipping and transport, and to enhance freshness. Protection was designed using a divider that both prevents the closed lid of stacked containers from collapsing and the containers from twisting or bending, which would damage the produce. Enhanced freshness involves a series of vents on the periphery of the lid and the bottom of the clamshell, essentially designed to allow air to continuously flow through, thereby keeping the produce cool in a cooled environment, while preventing the accumulation of too much condensation. Otherwise, the container snaps shut at corners, and a hinged spine connects the lid to the body on one side of the clamshell container. The preferred shape of the clamshell is rectangular, and is fabricated of molded plastic.

The patent Figure 1, included below, is a top plan perspective view of a closed stackable clamshell container, according to the invention. The Figure 1 depicts the top lid 24 perforated side vents 4, and two corner snaps 20. The top lid 24 is connected pivotally to the container with a spine 12 extending on the full length of one side. On the periphery of the container bottom 26, there are also side vents 34. In between each of the bottom vents 34, there are inwardly curved indentations 7 designed to push fruit away from the bottom vents 34, to prevent obstruction of the vents and/or laceration of the fruit. The top surface of the center divider 6 contacts the lid when it is closed to prevent collapsing and crushing of the fruit. The center divider has two lower shoulders 8, on each side of the center 6, designed to enable airflow. The extended center divider is also connected to the full height of the side walls, to strengthen the tray and prevent torsion. Additional airflow windows 2 enable air circulation above the container’s curved side walls 28.



The patent abstract is included below.
A container that includes a tray having a base bottom portion and one or more sidewalls having a volume for holding a product; a lid that is attachable to the tray to protect the product in the tray when attached thereto; and a divider for providing a plurality of compartments with a predetermined volume in the tray, the divider configured, dimensioned and positioned to provide support to the lid, air flow between the compartments and torsional rigidity to the tray. The most preferred container of the invention is a rectangular clamshell container as described herein that includes a spine which is pivotally hinged to the base bottom portion via the lid. This preferred container also includes a plurality of snap-locking members for attaching the lid to the tray for retaining contents therein. [Abstract US9469458B2]
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Note
*The patent was awarded to the following four California inventors: Malkeet Singh Padda (US); Craig R. Snedden (US); Gandhi B. Sifuentes (US); Cesar Ramirez (US).

Reference
Driscoll's (website)
https://www.driscolls.com/ 

Tuesday, September 22, 2026

Oh, patents! Driscoll's 31 Drisblue plant variety patents

 Copyright © Françoise Herrmann

 DrisBlue28 longitudinal section top row,
whole fruit bottom row, calyx side up left
and pedicel side up right. (USPP35156P2)

The following list of hyperlinked plant patents recites 31 blueberry varieties bred by Driscoll’s. Sample images extracted from the DrisBlue28 plant patent are included on the right.

  • USPP36754P2 - Blueberry plant named ‘DrisBlueThirtyOne’.
  • USPP35829P2  - Blueberry plant named ‘DrisBlueThirty’.
  • USPP35665P2  - Blueberry plant named ‘DrisBlueTwentyNine’.
  • USPP35156P2 – Blueberry plant named ‘DrisBlueTwentyEight’.
  • USPP34316P2 - Blueberry plant named ‘DrisBlueTwentySeven’.
  • USPP34179P2 - Blueberry plant named ‘DrisBlueTwentySix’.
  • USPP33718P2 - Blueberry plant named ‘DrisBlueTwentyFive’.
  • USPP34067P2 - Blueberry plant named ‘DrisBlueTwentyFour’.
  • DrisBlue28 variety flower clusters
      (USPP35156P2)
    USPP32876P2 - Blueberry plant named ‘DrisBlueTwentyThree’.
  • USPP33066P2 – Blueberry plant named ‘DrisBlueTwentyTwo’.
  • USPP32267P2 - Blueberry plant variety named ‘DrisBlueTwentyOne’.
  • USPP32744P3 - Blueberry Plant Variety Named 'DrisBlueTwenty'.
  • USPP31698P2 - Blueberry plant variety named 'DrisBlueNineteen'.
  • USPP31649P2 - Blueberry plant variety named 'DrisBlueEighteen'.
  • DrisBlue28 variety leaf,
    lower surface left,
    and upper surface right
     
    (USPP35156P2)

    USPP31650P2 - Blueberry plant variety named 'DrisBlueSeventeen’.
  • USPP31685P2 - Blueberry plant variety named 'DrisBlueSixteen’.
  • USPP28933P2 - Blueberry plant variety named ‘DrisBlueFifteen’.
  • USPP27622P3 - Blueberry plant named ‘DrisBlueFourteen’.
  • USPP26451P3 - Blueberry plant named ‘DrisBlueThirteen’.
  • USPP26748P3 - Blueberry plant named ‘DrisBlueTwelve’.
  • USPP26537P3 - Blueberry plant named ‘DrisBlueEleven’.
  • USPP26643P3 - Blueberry plant named ‘DrisBlueTen’.
  • USPP26287P3 - Blueberry plant named ‘DrisBlueNine’.
  • USPP24568P3 - Blueberry plant named ‘DrisBlueEight’.
  • USPP24605P3 - Blueberry plant named ‘DrisblueSeven’.
  • USPP24569P3 - Blueberry plant named ‘DrisBlueSix’.
  • USPP24489P3 - Blueberry plant named ‘DrisBlueFive’.
  • USPP24407P3 - Blueberry plant named ‘DrisBlueFour’.
  • USPP20436P2 - Blueberry plant named ‘DrisBlueThree’.
  • USPP20488P2 - Blueberry plant named ‘DrisBlueTwo’.
  • USPP20449P2 - Blueberry plant named ‘DrisBlueOne’.

Reference
Driscoll's (website)

Sunday, September 20, 2026

Blueberry patent wars

Copyright ® Françoise Herrmann

Blueberry patent wars are unusual in the world of infringing on Intellectual Property (IP) rights. Indeed, such activity is more readily associated with Silicon Valleys than the Yunnan Plateau, in China. However, the blueberry market has become both very lucrative and highly competitive. The International Blueberry Organization (IBO) reports an estimated 2333 million tons of blueberries produced worldwide in 2025, with 890 000 tons produced in China alone (IBO 2026).

In November 2024, under the auspices of the China Chamber of Commerce for Import & Export of Foodstuffs, Native Produce and Animal By-Products (CFNA), the China Blueberry Committee (CBC) was created, in collaboration with major international players on the blueberry market (IBO3). International players such as the International Blueberry Organization and berry giants such as Driscoll’s in the United States. The China Blueberry Committee's four stated goals included: Sustainable growth‌, Quality enhancement, Global integration, and the protection of blueberry breeders’ Intellectual Property (IP) rights (IBO4).

The creation of the new China Blueberry Committee (CBC) came just one month before the Australian Mountain Blue Orchards company won a historic and much publicized lawsuit in the Intermediate People’s Court of Kunming, in the Yunnan Province, China’s largest blueberry-producing region (IBO2). This was a landmark decision because it was the first ruling that protected the IP rights of foreign plant breeders in China. The case involved plant theft identified through DNA testing at a nursery, where the theft had enabled propagation of Mountain Blue Orchards’ top-of-the-line blueberry variety, Eureka Sunrise. The lawsuit resulted in heavy punishment for the illegal Chinese growers, who were ordered to destroy all nursery crops, and to pay a $23,000 fine for fees and damages (Emont, Sept. 2026).

Following this major IP win at a Chinese Court, and continued covert inspections in nurseries, Driscoll’s filed as many as 20 lawsuits for “copycat” blueberry varieties grown in China, as well as for its proprietary greenhouse designs (IBO1; Small, 2026). However, the preferred strategy appears to have shifted towards licensing of plant varieties to Chinese growers, at least to collect royalties, and to prevent foreign companies from appearing too belligerent


References

Emont, J. (Sept. 14, 2026). Driscoll’s Gave China Its Blueberries—Then China Swiped the Secret to Growing Them. Wall Street Journal. https://www.wsj.com/business/driscolls-berry-farms-china-competition-b0b49f04?eafs_enabled=false  

International Blueberry Organization (IBO) https://www.internationalblueberry.org/  

 2026 IBO Global Blueberry Report.  International Blueberry Organization.
https://www.internationalblueberry.org/2026/09/08/navigating-volatility-and-growth-key-insights-from-the-2026-ibo-global-blueberry-report/ 

Mountain Blue Orchards
https://www.mountainblue.com.au/ 

IBO(1) - Taking on the illegal players: why Mountain Blue’s China victory signals a sea change for the blueberry industry. International Blueberry Organization.
https://www.internationalblueberry.org/2025/01/31/taking-on-the-illegal-players-why-mountain-blues-china-victory-signals-a-sea-change-for-the-blueberry-industry/ 

IBO(2) Mountain Blue Orchards wins historic lawsuit in China over illegal propagation of blueberries December 2024. International Blueberry Organization.
https://www.internationalblueberry.org/2024/12/02/mountain-blue-orchards-wins-historic-lawsuit-in-china-over-illegal-propagation-of-blueberries/ 

IBO(3) China: Blueberry Committee created and intellectual property protection of varieties announced January 2025. International Blueberry Organization.
https://www.internationalblueberry.org/2025/01/03/china-blueberry-committee-created-and-intellectual-property-protection-of-varieties-announced/ 

IBO(4) - About the China Blueberry Committee. International Blueberry Organization.
https://www.internationalblueberry.org/china-blueberry-committee/

Small, J. (Sept. 21, 2026)  Inside Driscoll’s Berry Strange Case of Corporate Espionage: How China Stole Its Secrets
https://www.entrepreneur.com/business-news/inside-driscolls-berry-strange-case-of-corporate-espionage-how-china-stole-its-secrets 

Wednesday, September 16, 2026

Oh, patents! Lego® SMART Play™

Copyright © Françoise Herrmann 

Lego® SMART Play™, winner of the Best in Show and Best Future Tech awards at CES 2026*, has added electronics to Lego® play sets. Most importantly, in response to desiderata, the new Lego® SMART Play™ sets come WITHOUT supplementary screens, batteries, wires, cameras or coding. A feat that took two and a half years to develop, involving a team of more than 300. Engineers, scientists, product designers, video-gaming experts, user-experience specialists, physicists, mathematicians, plus more, who worked together in a very large, top-secret, soundproof room, without windows, called “The Void”.

SMART Play™ Legos® comprise four components, available only in the all-in-one sets, but thereafter compatible with all SMART Play™ Lego® sets: 

  1. a smart, 2x4 brick with a miniaturized ASIC chip, essentially comprising a speaker, LEDS, a speech synthesizer, and a proximity sensor**, 
  2. two tags, which together with the smart brick form a new positioning system, and 
  3. a wireless charger for bricks and tags, 
  4. together with the themed and character Lego® SMART Play™ set (Pokémon™ and Star Wars™ for starters to launch the new SMART Play™ system). 

The beauty of the Lego® SMART Play™ system is that it is generative. One smart brick can generate an infinite number of sounds, depending on the tracker or movement of the smart brick. This differs from a database of pre-recorded word sounds. Indeed, the Lego® engineers even devised a new Figlish (Figurine English) language for the sounds that the brick can generate when it is inserted inside a figurine, and which children can interpret as they imagine. The brick comprises a miniaturized sound synthesizer that generates different sounds for every different situation or construction that is built, now and in the future.

More than 25 patents were awarded for the multiple Lego® SMART Play™ inventions. The following US, European (EP) and World Intellectual Property Organization  (WO) patents  are just a few of the Lego® SMART Play™ patents:

For Lego® SMART Play™, one wonders who is having the most fun. The engineers who took up the challenge to create a magical modular smart brick, bringing LEGO® to life for generations to come,  or the children whose imaginations are being fired to new heights with an already fun game that has stood the test of time?

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Notes
* CES 2026 – Largest and most influential Computer Electronics Show in the United States. The show is held every year in January in Las Vegas, CA, since 1967.
** The Lego® smart brick is shown being inserted into the Pokémon™ Pikachu character.

Reference
How we made the Lego® SMART Play™ system. Lego.com
https://www.lego.com/en-us/smart-play/article/innovation 

Sunday, September 6, 2026

Interlude - The Whale (2027).

 Copyright © Françoise Herrmann

The Whale is a spectacular whale-watching center and immersive-experience museum. Scheduled to open on June 4th, 2027, The Whale is located in Andenes, at the edge of the North Atlantic, in Norway. 

The most striking feature of The Whale—as its name indicates—is the stunning biomimetics of the architecture. An architecture that not only blends into the Arctic landscape, as a gentle curve rising from the earth, but also remarkably captures a whale's low-fluking dive. The sort of shallow dive where you only see the top dorsal surface of the whale’s tale with its two wing-like flukes, sliding back into the water. The two images below, respectively, depict The Whale and a whale’s shallow fluking dive.


Dorte Mandrup, the Danish architect who won the competition to build the museum, composed in a naturally breathtaking environment, also known as one of the best places to see whales. Instead of an erected building, competing with the nearby lighthouse, The Whale looks as though it has been pushed out of the Earth’s surface. 

The Whale rooftop, shown below, curves gently into the landscape as a single piece of concrete, cladded with natural stones collected from the surrounding Arctic area. This enables anyone hiking on top to whale watch, perhaps catching a whale breaching against the Northern Lights, a whale spouting, or the graceful broad-finned tail of a whale as it is diving back into the ocean.


If The Whale delivers on Mandrup's promise “to create relevance” in June 2027—as it already has. Then, The Whale will make an already awe-inspiring destination even more magnificent, for both tourists on whale safaris and locals. 

References
Architect Dorte Mandrup’s vision for The Whale Andenes Norway (April 28, 2026) [7:26] YouTube.
Dorte Mandrup
The Whale