Patent Reinstatement Throws “Glory” Cherries in the Pits

The U.S. District Court for the Eastern District of Washington (“District Court”) reportedly reinstated the Canadian government’s patent for the “Staccato” cherry, developed by Agriculture and Agri-Food Canada (“AAFC”). The reinstatement follows a lengthy dispute with an American cherry farmer who allegedly attempted to pass off Staccato cherries as his own “Glory” variety.

According to CBC News, the Staccato cherry is known for its late maturity, which extends the harvest season, enabling growers to capitalize on periods of lower market supply. The dispute arose when AAFC licensed Staccato trees to a third-party cherry grower in Washington under a strict testing agreement prohibiting distribution. Due to a mix-up, a Staccato tree was given to a U.S. farmer, who mistook it for a novel variety and patented it as their own.

At first instance, a judge with the District Court invalidated the Canadian government’s patent – preventing the agency from enforcing its intellectual property despite the fact that testing confirmed the varieties were genetically identical. In view of a misrepresentation of the evidence provided by the U.S. farmer, the judge subsequently stated that a “clear error” had been made, overturned his decision and reinstated the patent.

With its patent reinstated, AAFC has signalled it will defend its plant varieties aggressively.

Authors: Emily Groper and Chloe Bechard, 2025-2026 Articling Student-At-Law