Phytelligence: We Had An Option To Propagate Cosmic Crisp

It’s a court battle brewing over the latest apple variety.  To meet the expected demand for Cosmic Crisp trees, Washington State University looked for help to generate as many trees as possible.  Enter Phytelligence, a Seattle-based company, which spun off from the university to propagate as many trees as possible.  WSU maintains its contract with Phytelligence allowed it to produce trees, but not sell them.  Instead, in 2014, Proprietary Variety Management and Northwest Nursery Improvement Institute  were given exclusive license to market Cosmic Crisps and provide trees to growers.  But Phytelligence CEO Ken Hunt said his company's review of the WSU agreement found they had an option to obtain a license to sell trees to growers.

“Giving us the ability to commercially propagate Cosmic Crisp, once two conditions were met.  That we’re in good standing as a certified nursery in the industry, which we are and have been.  And two, once Cosmic Crisp was launched.  So, those are the two triggers that enabled us to exercise the option to get a commercial license."

Hunt said WSU refused to grant a license.

“We feel that the University breached on that option we exercised and waited for months.  We don’t feel there is anything wrong with us putting those plants in the ground.  We never sold any Cosmic Crisp trees to anybody.  We have not grafted any Cosmic Crisp buds to any root stock.”

WSU alleges that Phytelligence sold 135,000 trees without permission, and refused to account for them.

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