Canada scores major PVR win over Staccato cherry trees 

Agriculture and Agri-Food Canada (“AAFC”) and Summerland Varieties (“SVC”) have resolved their litigation with Monson Fruit Company over Staccato cherry trees and cherries marketed and sold as “Glory” or “Omega”.

The settlement was made in the US District Court for the Eastern District of Washington and resolves a complicated legal battle lasting more than six years. 

“This outcome reinforces the importance of respecting intellectual property rights and obtaining proprietary plant varieties through authorized channels,” said Sean Beirnes, General Manager of SVC. 

Image by SVC

The litigation effectively reinstated the Staccato patent after the court found that “Glory” is Staccato and that Monson infringed Plant Variety Rights (PVR) by growing and commercializing it. 

A PVR victory for the Staccato brand 

With a September 14, 2026, trial date fast approaching, Monson agreed to settle the dispute by paying past and future royalties on Staccato trees that SVC qualified as “substantial.” 

According to a press statement released by the organization, the funds will be reinvested in the AAFC’s tree fruit development program. Monson also agreed not to export fruit outside of the US through 2032 and may not propagate any new Staccato trees through 2029. 

This is a significant and successful outcome for Canada, following settlements secured last year with the other defendants that required destruction of unauthorized Staccato trees and an assignment of the “Glory” patent to AAFC. 

Image by SVC

Settlement licensing proceeds will support continued research and development that benefits Canadian agriculture, the breeding program responsible for developing innovative tree fruit varieties such as Staccato, and growers around the world. 

This investment will help sustain the long-term work required to develop, evaluate, and bring valuable new varieties to growers and markets. 

AAFC and SVC remain committed to protecting proprietary plant varieties and supporting growers who obtain those varieties through authorized sources. 

This work safeguards the value of plant breeding, encourages continued agricultural innovation, and helps ensure that authorized growers can compete on a fair and sustainable basis. 

*All images are courtesy of SVC.

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