Ag Canada prevails in bifurcated bench trial on identity of so-called "Glory" trees and cherries

Client(s) Agriculture and Agri-Food Canada ("Ag Canada")

Jones Day represents Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture and Agri-Food ("Ag Canada"), in an intellectual property suit against Monson Fruit Company, Inc., Van Well Nursery, Inc., and Gordon and Sally Goodwin. Defendants are each Washington state growers, and one is also a nursery and another a packer. Ag Canada alleges that the defendants engaged in various unlawful acts by growing, propagating, and selling so-called "Glory" trees and cherries, which are actually Canada-bred Staccato^® trees and cherries. In April 2024, the District Court held a five-day bench trial on the single factual issue of whether "Glory" is Staccato^®. Following testimony from 13 fact witnesses and 5 expert witnesses, and immediately following closing arguments conducted in August 2024, Judge Stanley Bastian ruled from the bench in Ag Canada's favor, finding that "Glory" is, in fact, Staccato^®. On August 22, 2024, the court issued its formal Findings of Fact including, the fact that “Glory is Staccato^®.” The parties continue to litigate the substantive claims.

Her Majesty The Queen In Right of Canada v. Van Well Nursery, Inc., No. 2:20-cv-00181-SAB (E.D. Wash.)