USA: Court reinstates Staccato cherry patent, victory for AAFC

26 Mar 2025
793

U.S. Court reinstates Staccato cherry plant patent

On March 12, 2025, the District Court for the Eastern District of Washington reversed its previous decision invalidating the U.S. plant patent for the Staccato cherry, owned by Agriculture and Agri-Food Canada (AAFC). This ruling marks another legal victory for AAFC and follows the Court’s recent decision that the so-called "Glory" cherry is, in fact, the Staccato cherry.

As a result, AAFC is now free to pursue its claims against the unauthorized propagation, distribution, and sale of "Glory" cherry trees or fruit. The long-running legal dispute involves three U.S.-based entities: Gordon Goodwin, a Washington orchardist who claimed to have discovered and patented the "Glory" variety; Van Well Nursery, Inc., a nursery that allegedly improperly transferred a Staccato cherry tree to Goodwin before growing and selling "Glory" trees; and Monson Fruit Company, a grower and seller of the disputed variety.

Judicial error and evidence manipulation

The Court acknowledged that it had committed "clear error in granting summary judgment" regarding the alleged invalidity of the Staccato patent. During the proceedings, the defendants submitted an Excel spreadsheet that was supposed to demonstrate sales of Staccato cherries before AAFC filed its patent application.

However, the data had been manipulated: the defendants excluded 10 rows of information that, along with other evidence, proved the sales were actually of the Sonata variety and not Staccato.

The Court stated: "It is undisputed that the defendants excluded the first 10 rows of the spreadsheet, which indicated that the sales were actually of Sonata, an entirely different cherry variety, and then falsely represented to the Court that the document was an accurate copy of the original spreadsheet. It would be manifestly unjust to overlook this conduct at this stage of the proceedings."

Intellectual property protection and industry response

Summerland Varieties Corp. (SVC), the global master license holder for Staccato cherries, welcomed the ruling. SVC general manager Sean Beirnes stated, "We are very pleased to manage the license for a valid patent that can now be fully enforced."

Beirnes emphasized the importance of respecting intellectual property in the global fruit industry: "The worldwide fruit industry is built on trust. It is critically important that all stakeholders respect the rights associated with protected varieties. SVC will have zero tolerance for those who attempt to bypass the rules."

Source: www.thegrower.org

Image source: SL Fruit Service 


Italian Berry - All rights reserved

What to read next

The impact of climate change on cherry cultivation

Tech management

03 Jan 2025

At the 11th National Congress of Plant Breeding held in Cáceres in 2024, the impact of global warming on the cherry tree was discussed. In particular, on the needs of different cultivars and their possible adaptation to changing environmental conditions.

PMGC the new Chilean cherry breeding project

Varieties

19 May 2023

For Macfrut 2023 it was an honour to host Prof. Marlene Ayala of the Catholic University of Chile, the head of the main genetic improvement project for cherries started in 2010 in Chile..

In evidenza

Little Cherry Disease threatens cherry orchards in Washington State: growers speak out

Crop protection

22 Aug 2025

Little Cherry Disease (LCD) is damaging cherry orchards across Washington State, with growers reporting severe losses. Tree removals and bitter, undersized fruit are symptoms of this threat—comparable to citrus greening (HLB) in Florida’s citrus industry.

Organic fertilizers and compost: sustainable growth in organic orchards in Puglia

Tech management

22 Aug 2025

In Puglia, research on organic orchards highlights how compost and organic fertilizers boost yield, improve soil health, and enhance plant resilience. A sustainable approach that supports Mediterranean organic farming while delivering environmental and agronomic benefits.

Tag Popolari