On August 22, 2024, the District Court for the Eastern District of Washington definitively ruled that the so-called “Glory” cherry is actually the Staccato® cherry -- the commercial name of the world-renowned and commercially successful late-season cherry variety developed by Agriculture and Agri-Food Canada’s (“AAFC’s”) prolific tree fruit development program. 

The Court’s ruling resolves a critical, threshold issue in a long-running legal action between AAFC and three US-based defendants: Gordon Goodwin, a Washington State orchardist who claimed to have discovered “Glory” and patented it as his own; Van Well Nursery, Inc., a U.S. nursery that, in 2000, improperly transferred a Staccato® cherry tree still under a restricted testing agreement to Mr. Goodwin as a Sonata® cherry tree; and Monson Fruit Company, a U.S. grower, packer, and seller of “Glory” cherries.

To demonstrate the Glory cherry and the Staccato® cherry (originally identified as 13S-20-09) are one and the same, AAFC relied on a thorough phenotypic examination and full genome sequencing and assembly using PacBio sequencing, the most accurate and comprehensive testing and analysis of DNA currently available. In ruling that “Glory” is Staccato®, the District Court contrasted AAFC’s DNA evidence from that of the defendants, stating that the defendants’ DNA evidence “was not credible nor…state of the art.”

As the agent that commercializes the proprietary tree fruit varieties developed by AAFC, “We are extremely gratified that Agriculture and Agri-Food Canada has now been officially vindicated in its long held – and scientifically proven – belief that “Glory” is indeed Staccato,” said Sean Beirnes, general manager of Summerland Varieties Corp. 

He added: “This ruling should serve as a warning to those who improperly seek to free ride on Agriculture and Agri-Food Canada’s tree fruit development program and demonstrate to Canadian taxpayers and the authorized licensees of Agriculture and Agri-Food Canada’s proprietary fruit varieties that Agriculture and Agri-Food Canada and Summerland Varieties Corp. are committed to protecting the program and their significant investments in it.” 

Source: Summerland Varieties Corporation October 30, 2024 news release