On September 10 and 15, 2025, the District Court for the Eastern District of Washington 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”). Claims and counterclaims between AAFC and Monson Fruit Company (“Monson Fruit”) continue to be unresolved. 

The world-renowned and commercially successful late-season Staccato cherry originated in AAFC’s prolific tree fruit development program. AAFC provided Staccato plant material to Van Well Nursery under a testing agreement which stipulated that the plant material could not be propagated or distributed to any third party for any purpose. 

Van Well Nursery later sold the Goodwins what were supposed to be 200 Sonata cherry trees. In reality, one of those trees was a Staccato tree that Van Well Nursery was prohibited from distributing. After noticing that the tree was different and its cherries ripened later, the Goodwins and Van Well Nursery proceeded to seek and obtain a plant patent on what Gordon Goodwin called the “Glory” tree. All “Glory” trees can be traced back to that original, improperly obtained tree. The Goodwins and Van Well Nursery distributed “Glory” plant material and trees to Monson Fruit, which continues to grow, pack and sell “Glory” cherries. 

In 2020, based on ever-improving scientific evidence that the two cherries were the same, AAFC filed a lawsuit against Van Well Nursery, the Goodwins, and Monson Fruit. AAFC made legal claims, including plant patent infringement, conversion of trees and plant material belonging to AAFC, interference with AAFC’s 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 2024, 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. 

In summer 2025, Van Well Nursery and the Goodwins each reached settlement with AAFC. Settlement 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 Goodwin’s possession. 

Regarding his settlement, Gordon Goodwin stated, “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. 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.” 

As the holder of the global master license for Staccato cherries, SVC general manager, Sean Beirnes, said, “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”. 

Summerland Varieties Corp. (“SVC”) manages intellectual property rights on behalf of fruit breeders and rights owners of world-renowned cherries, apples and berries. 

Source:  Summerland Varieties Corporation October 6, 2025 news release