Decas Cranberry Products, Inc. Files Counterclaim against Ocean Spray

Business Wire, June 24, 2009

Asserts Ocean Spray Has Engaged in Unfair Trade Practices

CARVER, Mass. -- Decas Cranberry Products, Inc. (DCP), a family-owned cranberry grower and processor located in Carver, Massachusetts, has filed its response to Ocean Spray’s recent allegations of patent infringement concerning Decas’s flagship Premium Sweetened Dried Cranberry (“SDC”) product. In its answer and counterclaim, Decas not only denies any infringement, but also asserts affirmative claims against Ocean Spray for unfair and deceptive business practices, improper interference in Decas’s business relationships, abuse of process, and anticompetitive conduct in violation of the Sherman Act.

As referenced in Decas’s counterclaim, Decas first began manufacturing its SDC product in Carver, Massachusetts in 1999, and obtained a patent on the product in 2002. Decas has had tremendous success with its SDC product, which is marketed in direct competition with Ocean Spray’s SDC product. The market success of Decas’s SDC product has resulted in the creation of 100 new jobs and the expansion of the Decas production manufacturing facility three times in the last five years to keep up with growing global demand. Ocean Spray has known about Decas’s SDC product since at least 1999, yet Ocean Spray first raised the notion of infringement in June, 2008, more than eight years after Decas first began selling the product.

Jeff Carlson, Decas’s Chief Executive Officer, had this to say about Ocean Spray’s claims. “Ocean Spray’s patent infringement claim is without merit and a blatant effort to hinder our continued growth and success in the market. The timing of Ocean Spray’s patent infringement lawsuit is highly suspect, as it was made at a time when Decas was seeking outside investment to fuel future innovation and growth and numerous cranberry growers were exploring the possibility of signing on with Decas. We intend to defend our market position aggressively, and to affirm our right to compete.”

“We continue to lead the market with innovative quality cranberry products that are enjoyed daily by millions of people. Decas has played a major role in the current success of the cranberry industry and has been instrumental in providing higher overall returns to growers. In fact, Decas has consistently paid its 150 growers more on an annual basis than Ocean Spray has paid its growers over the last 15 years, a fact we are very proud of,” added Mr. Carlson.

About Decas Cranberry Products, Inc.

Founded in 1934 and headquartered in Carver, Massachusetts, Decas Cranberry Products, Inc. is the largest independently owned cranberry ingredient company in the world. As the cranberry ingredient experts, Decas supplies premium cranberry products to consumers, retailers and the food industry worldwide. For more information, visit www.decascranberry.com.