Settlement secures royalties, export restrictions, and funding for future fruit breeding research after a six-year legal battle.
Canada's tree fruit breeding program has secured a significant legal victory in a long-running intellectual property dispute involving the popular Staccato® cherry variety.
Summerland Varieties Corp. (SVC) announced that it and Agriculture and Agri-Food Canada (AAFC) have reached a settlement with Washington State-based Monson Fruit Company in a U.S. federal court case concerning Staccato® cherry trees and cherries marketed and sold as "Glory" or "Omega."
The agreement concludes more than six years of litigation that centered on allegations that the "Glory" variety was in fact Staccato®, a late-season cherry developed through Canada's tree fruit breeding program.
According to SVC, the case included a successful 2024 bench trial that established Glory and Staccato® were the same variety, the reinstatement of the Staccato® patent, and a stipulation by Monson acknowledging that Glory infringed the Staccato® patent.
With a trial scheduled for September 14, 2026, approaching, the parties reached a settlement under which Monson agreed to pay substantial royalties related to past and future Staccato® tree sales. The proceeds will be reinvested into AAFC's tree fruit development program.
The settlement also places limits on future activities involving the cherry variety. Monson agreed not to export fruit outside the United States through 2032 and is prohibited from propagating new Staccato® trees through 2029.
The resolution follows earlier settlements secured with other defendants in the case. Those agreements reportedly required the destruction of unauthorized Staccato® trees and the transfer of the Glory patent to AAFC.
Industry leaders say the outcome reinforces the importance of protecting plant genetics and breeding investments. Intellectual property protection has become increasingly important as breeding programs develop fruit varieties with desirable traits such as improved flavour, extended harvest windows, disease resistance, and better storage characteristics.
"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.
He added that the resolution demonstrates the commitment of AAFC and SVC to protecting investments made by Canadian taxpayers, licensed growers, and other partners involved in Canada's tree fruit development and licensing programs.
SVC noted that licensing revenue generated through the settlement will support continued research and development efforts, helping breeders develop and commercialize future fruit varieties for growers and consumers.
For fruit producers, the decision highlights the growing value of protected varieties and the role intellectual property rights play in ensuring innovation remains financially sustainable. As competition intensifies in global fruit markets, breeders and growers increasingly rely on variety protection to recover development costs and support future research.
The settlement marks one of the most significant intellectual property enforcement outcomes involving a Canadian-developed fruit variety and is expected to strengthen confidence in the country's agricultural innovation system.
In Canada, Staccato® cherries are primarily grown in the interior valleys of British Columbia.
Summerland Varieties Corp. oversees intellectual property rights on behalf of fruit breeders and owners of globally recognized apple, cherry, and berry varieties. With decades of international experience, SVC specializes in plant protection, trademarks, licensing, and enforcement.
Photo Credit: Summerland Varieties Corp.