Cosmic Crisp apple dispute results in temporary injunction

Proprietory Variety Management of Yakima Friday received a temporary court injunction to stop WSU from sending out a marketing plan, power point presentation and other items PVM said it developed for promotion of the new apple variety for the university.

Filed Nov. 6 in court here, the civil action for an injunction alleges WSU issued a notice it planned to release the material to a LaConner resident who requested it. WSU notified PVM it would send out the material Nov. 14 unless an objection was filed.

The injunction petition was filed for PVM by a Seattle law firm contends PVM was engaged by WSU in 2014 to develop a marketing plan for commercialization of a new apple variety, then known as WA 38. A Power Point presentation was developed and presented in 2018. The complaint contended release of the material prepared by PVM would provide a “detailed roadmap” for use of the extensive program developed by PVM.

Introduction of the Cosmic Crisp variety has led to court actions by WSU and Phytelligence, the company that developed the variety.

The dispute involves Phytellingence’s move to market the new trees under a development option it held with the university. It filed a suit in King County, and WSU filed a counter suit in Federal Court in Seattle, according to a growers magazine.

In Friday’s ruling for a temporary injunction, Judge Gary Libey ordered PVM to provide material involved in the suit along with an index and instructions for an on-camera hearing by Nov. 16.

WSU and the LaConner resident who requested the material from WSU were ordered to appear in court Dec. 10 to present their arguments in the injunction action.