Settlement finally reached in Staccato cherry patent dispute—but litigations are not over
The Staccato® cherry suit story is a multi-plaintiff legal battle born from a seemingly innocent mistaken-identity mix-up. And it all started with one tree.
In mid-September, a Washington court issued orders dismissing all claims and counterclaims between Agriculture and Agri-Food Canada (AAFC), Summerland Varieties Corp. (SVC), Van Well Nursery, Inc. (Van Well Nursery), and Gordon and Sally Goodwin (the Goodwins).
Other claims and counterclaims between AAFC and Monson Fruit Company (Monson Fruit) are still unresolved.
The Stacatto tree that started it all
AAFC developed the world-renowned late-season Staccato® cherry and provided Van Well Nursery with plant material under a testing agreement. The document stipulated the sample could not be propagated or distributed to any third party for any purpose.
However, in a sale that was supposed to comprise only Sonata trees, the company later sold the Goodwins a Staccato® tree.
After noticing that the tree was different and its cherries ripened later, both parties proceeded to seek and obtain a plant patent on what Gordon Goodwin called the “Glory” tree. They also distributed plant material and trees to Monson Fruit, which continues to grow, pack, and sell “Glory” cherries.
All “Glory” trees can be traced back to that original, improperly obtained Staccato® cherry tree.
In 2020, scientific evidence proved the two cherries were the same, and AAFC filed a lawsuit against Van Well Nursery, the Goodwins, and Monson Fruit.
The company made legal claims, including plant patent infringement, conversion of trees and plant material belonging to AAFC, interference with its economic relations, unfair competition, and various violations of the Lanham Act.
In 2024, the lawsuit was bifurcated, and a bench trial was held to determine the threshold issue of whether the “Glory” cherry is actually the Staccato® cherry. In August of that year, the Court found that “Glory” is Staccato® and the so-called “Glory” mother tree that the Goodwins received from Van Well Nursery was a Staccato® tree.
Long-awaited closure
This summer, Van Well Nursery and the Goodwins each reached settlements with AAFC.
Terms included a monetary payment to AAFC, assignment of the Glory patent to AAFC, and the destruction of all “Glory” (Staccato®) trees in Van Well Nursery’s and the Goodwins' possession.
“In view of the Court’s decision last year that Glory is Staccato, I accept this finding and, accordingly, have assigned the patent I obtained on the Glory plant to Canada," said Gordon Goodwin. "I apologize for any unintended confusion over the identity of the variety over the years and am happy that the dispute has been resolved once and for all.”
Meanwhile, SVC General Manager Sean Beirnes, the holder of the global master license for Staccato® cherries, said that even though there are still pending processes, he's glad this one with the Goodwins and Van Well Nursery is over.
“While the litigation against Monson Fruit continues, I am gratified that Van Well Nursery and the Goodwins have resolved this matter to AAFC’s satisfaction and in a way that acknowledges AAFC’s rights to Staccato® trees and Staccato® cherries,” he said.
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