The University of California scored a lot of points Thursday in its patent battle with two former professors over strawberry genotypes.

But U.S. District Judge Vince Chhabria also ruled that the university must face trial next month on claims it acted in bad faith over its handling of the professors’ inventorship rights. “On these facts, and given the language of this contract, from a legal standpoint it would be acceptable for the judgment to ‘sock it’ to both sides,” Chhabria wrote, “and it may make sense from an equitable standpoint as well.”

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