UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
Justice Aylen - 2022-11-10
Read full decision. Automatically generated summary:
The parties are competitors in the agricultural crop protection industry. The Plaintiffs assert that, in March of 2019, the Defendants jumped the gun by launching a copycat generic flucarbazone sodium herbicide to control wild oats and other grassy and broadleaf weeds in crops of wheat prior to the expiry of the Plaintiffs’ patent (Canadian Patent No. 2,346,021) [021 Patent] just six months later. The Plaintiffs assert that the Defendants are jointly and severally liable for infringement and inducement for the infringing generic herbicides sold in 2019. ... For the reasons that follow, I find that the asserted claims of the 021 Patent are valid and were infringed by AgraCity. The Plaintiffs have not established any liability on the part of NewAgco. AgraCity shall pay $227,409 to the Plaintiffs as disgorgement of their profits on the sale of their infringing generic flucarbazone sodium herbicide, together with prejudgment and post-judgment interest.
Decision relates to:
- T-604-19 - ARYSTA LIFESCIENCE NORTH AMERICA ET AL v. AGRACITY CROP ET AL
- A-248-22 - which is an appeal from this decision