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Settlement Reached over Staccato Cherry Dispute
Monson agreed to pay past and future royalties and accept limits on Staccato trees after a six-year court fight over the cherry variety.
Summerland Varieties Corp. and Monson Fruit Company resolved their litigation in the United States District Court for the Eastern District of Washington, concluding a more than six-year dispute over Staccato cherry trees marketed as "Glory" or "Omega."
A 2024 bench trial established that "Glory" is Staccato, reinstating the patent while Monson stipulated the variety infringes it. The agreement came shortly before the September trial was scheduled to begin.
Under the settlement, Monson agreed to pay substantial past and future royalties on Staccato trees, with proceeds reinvested into Agriculture and Agri-Food Canada's tree fruit development program. Restrictions include no exports outside the United States through 2023 and no new tree propagation through 2029.
SVC general manager Sean Beirnes said the outcome "reinforces the importance of protecting intellectual property rights and obtaining proprietary plant varieties through authorized channels." The settlement protects authorized growers and fruit breeders.
This settlement follows earlier agreements with other defendants from last year that required destruction of unauthorized Staccato trees and assignment of the "Glory" patent to AAFC. These victories strengthen the program's long-term research and variety development.