Skip to content
Return to News & Events

Selecta Klemm Enforces IP Protection For Its Night Sky® Patterned Petunias, Challenges Westhoff

The company has filed a complaint in U.S. court for patent infringement related to its Sky Petunia patterns.

WEST CHICAGO, ILLINOIS, November 20, 2023: Selecta Klemm (Stuttgart, Germany) today filed a Complaint for patent infringement in the United States District Court for the Eastern District of Texas against German breeding company Westhoff, and unrooted cutting suppliers Vivero Internacional (Mexico); Plant Source International (Mexico); and Cohen Propagation Nurseries (Israel).

The complaint alleges that importation of Westhoff’s Discoball™ spotted Petunia varieties into the United States infringes upon Selecta’s U.S. Patent Nos. 10,588,288 and 11,266,114 for their well-recognized and protected Sky Petunia pattern introduced into the market in 2016.

Selecta Klemm GmbH Co. KG and Klemm & Sohn GmbH & Co. KG are represented by Cooley LLP (Palo Alto, CA) and The Dacus Firm, P.C. (Tyler, TX).

About Selecta One®
Selecta One serves the North America market with excellent genetics of vegetative propagated bedding plants and poinsettias. Selecta One varieties are supplied as unrooted cuttings available exclusively through Ball Seed, and as rooted cuttings available from select Root & Sell stations. For more information, visit

download pdf printer friendly version
opens in a new window