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US judge reconsiders invalidation of cherry varietal patent

( March 12, 2025, 10:10 GMT | Official Statement) -- MLex Summary: Allegations of infringement leveled over the Canadian-bred sweet cherry known as “Staccato” were revived after a federal judge in Washington said he “committed clear error” when declaring a patent on the varietal invalid in December 2022. Canada’s Minister of Agriculture and Agri-Food, a department of the Canadian government that operates its tree fruit breeding program, filed suit against Van Well Nursery, Monson Fruit Company, Gordon Goodwin and Sally Goodwin in 2020 over US Plant Patent No. 20,551. The defendants are accused of asexually propagating, possessing, growing and selling cherry trees they call “Glory,” which are actually the Staccato varietal. According to US Judge Stanley A. Bastian of the Eastern District of Washington, the documents he relied on in finding violations of the Patent Act's on-sale bar were inaccurate. See attached document....

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