Settlement reached over Staccato cherry dispute

Settlement reached over Staccato cherry dispute

Published 2:59 pm Monday, September 14, 2026

A litigation between Summerland Varieties Corp. and Monson Fruit Company in the U.S. has been resolved in the United States District Court for the Eastern District of Washington.

The dispute was over Staccato cherry trees and cherries that were marketed and sold as Glory or Omega.

The legal battle had lasted more than six years, Summerland Varieties said. It included a successful bench trial in 2024, establishing that Glory is Staccato, reinstating the Staccato patent and a stipulation made by Monson that Glory infringes the Staccato patent.

The Staccato cherry was developed in Summerland in 1982 and was officially released in 2002. It ripens in early August.

While a trial date had been set for Sept. 14, Monson agreed to settle the dispute by paying substantial past and future royalties on Staccato trees.

Funds will be reinvested into Agriculture and Agri-Food Canada’s tree fruit development program.

Monson has also agreed not to export fruit outside the U.S. through 2023 and may not propagate any new Staccato trees through 2029.

This settlement follows earlier settlements from last year with other defendants that required the destruction of unauthorized Staccato trees and an assignment of the Glory patent to Agriculture and Agri-Food Canada.

“This outcome reinforces the importance of respecting intellectual property rights and obtaining proprietary plant varieties through authorized channels,” said Sean Beirnes, general manager of Summerland Varieties..

“It demonstrates to Canadian taxpayers, authorized growers and other partners of Canada’s tree fruit development and licensing program that Agriculture and Agri-Food Canada and Summerland Varieties are committed to protecting the integrity of the program and their significant investments in it.”

Summerland Varieties manages intellectual property rights on behalf of fruit breeders and rights owners.