WSU Files Counter Suits To Protect New Apple Variety

PULLMAN, Wash. – Washington State University announced today that it has taken legal action in state and federal court against Phytelligence, an agricultural biotechnology company, for breach of contract and patent and trademark infringement. The litigation, which relates to the Cosmic Crisp apple, was filed to protect WSU’s intellectual property rights.

WSU researchers began developing the Cosmic Crisp brand apple in 1998 and applied for a plant patent for the tree that produces the Cosmic Crisp in 2012. The distinctive new apple varietal is expected to be widely available on store shelves by early next year.

According to the countersuits filed by WSU, Phytelligence had signed a research agreement with WSU to propagate the trees that produce Cosmic Crisp apples, subject to strict limits. While the company was allowed to grow the trees, it was explicitly prohibited from selling those trees without a license. The propagation agreement specified that any trees grown by Phytelligence would remain the property of the University unless the company later obtained a license to sell them to third parties.

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