Agriculture and Agri-Food Canada has just won a significant case in the United States.
In a ruling on August 22, 2024, the District Court for the Eastern District of Washington affirmed that the “Glory” cherry is, in fact, the Staccato® cherry—a premium late-season variety developed by Agriculture and Agri-Food Canada (AAFC). This decision marks a critical victory in an ongoing legal dispute involving AAFC and three U.S.-based defendants.
The case centers on Gordon Goodwin, a Washington State orchardist who claimed to have discovered the “Glory” cherry and subsequently patented it. Additionally, the dispute involves Van Well Nursery, Inc., which allegedly transferred a Staccato® tree to Goodwin under misleading pretenses, and Monson Fruit Company, a grower and seller of “Glory” cherries.
To substantiate its claim, AAFC utilized advanced phenotypic analysis and full genome sequencing, employing PacBio sequencing technology—recognized as the most precise method for DNA testing. The court found AAFC’s DNA evidence compelling, while dismissing the credibility of the defendants’ claims, stating their evidence lacked scientific rigor.
“This ruling officially vindicates Agriculture and Agri-Food Canada’s long-held belief that ‘Glory’ is indeed Staccato®,” stated Sean Beirnes, General Manager of Summerland Varieties Corp., the agency responsible for commercializing AAFC’s proprietary fruit varieties. Beirnes emphasized the importance of protecting Canadian agricultural innovations, adding that the ruling serves as a warning to those attempting to exploit AAFC’s research and development efforts.
Summerland Varieties Corp. has a rich history of managing intellectual property rights for fruit breeders and has decades of experience in plant protection, licensing, and enforcement. This ruling not only underscores the integrity of AAFC's development program but also reassures Canadian taxpayers and licensees of their commitment to safeguarding agricultural investments.
As the agricultural community reflects on this landmark decision, the implications for both Canadian farmers and U.S. growers remain to be seen, particularly in the realm of intellectual property rights and plant breeding innovations.