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US judge hands Canada a win, reconsiders invalidation of Staccato cherry patent

By Melissa Ritti ( March 13, 2025, 20:50 GMT | Insight) -- A PDF copy of an Excel file which purportedly showed sales of the Staccato cherry taking place in 2000 was instead directed to “an entirely different cherry,” a US judge found yesterday in a win for Canada’s Minister of Agriculture and its tree fruit breeding program. The about-face reinstates plant patent infringement allegations against a group of defendants accused of asexually propagating, possessing, growing and selling cherry trees they call “Glory,” which Canada says are actually the Staccato varietal.Allegations of infringement leveled over the Canadian-bred sweet cherry known as “Staccato” were revived yesterday after a federal judge in Washington said he “committed clear error” when declaring a patent on the varietal invalid in December 2022....

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