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.