Judge finds Washington state burden wrong for claiming Summerland cherry is new variety – Penticton News

Photo: Summerland Research and Development Center

A variety of cherry that a Washington orchardist claimed was a new type was found to be identical to one developed by the major research center in Summerland.

In a recent decision by the District Court for the Eastern District of Washington, it was determined that the so-called “Glory” cherry is actually the “Staccato” cherry – the trade name of an already established cherry variety developed by Agriculture and Agriculture. Food Canada Program.

In a press release from Summerland Varieties Corp., which manages intellectual property rights on behalf of fruit growers and owners of cherry, apple and berry rights, the court’s decision was shared as “resolving a critical issue.”

The long-running legal action was between the Canadian program and three US defendants: Gordon Goodwin, a Washington state rancher who claimed to have discovered “Glory” and patented it as his own; Van Well Nursery, Inc., a US nursery that in 2000 improperly transferred a Staccato cherry still under a restricted testing agreement to Mr. Goodwin as a Sonata cherry; and Monson Fruit Company, a US producer, packer and marketer of ‘Glory’ cherries.

Summerland Varieties said that to prove that the cherries are one and the same, the research center used comprehensive screening and testing techniques, along with genome sequencing.

While the Washington parties argued that the DNA evidence “wasn’t credible, nor was it … state of the art,” the court ruled that it was, thus ruling that “Gloria” is “Staccato.”

Sean Beirnes, CEO of Summerland Varieties Corp, said they are “extremely pleased that Agriculture and Agri-Food Canada has now been officially vindicated in its long-held and scientifically proven belief that ‘Gloria’ is indeed ‘Staccato.’

He added that he hopes the ruling will “serve as a warning to those who improperly seek to use Agriculture and Agri-Food Canada’s tree development program and demonstrate to Canadian taxpayers and licensed fruit licensees owned by Agriculture and Agri-Food Canada. varieties that Agriculture and Agri-Food Canada and Summerland Varieties Corp. are committed to protecting the program and their significant investment in it.”

Photo: BC Cherry Association

Judge finds Glory cherries identical to Staccato