UPL NA Inc. v. Agracity Crop & Nutrition Ltd., 2023 FC 163
Justice Aylen - 2023-02-03
Read full decision. Automatically generated summary:
By Judgment and Reasons 2022 FC 1422, I found that specific claims of the 021 Patent were not invalid and had been infringed by the Defendant AgraCity. AgraCity was required to disgorge its profits in the amount of $227,409.00 to the Plaintiffs. The action against the Defendant NewAgco was dismissed in its entirety. ... While not meeting all of the requirements of Rule 420(3), I am satisfied that the Plaintiffs’ offer to settle is a relevant factor in my assessment of the quantum of costs, as the offer had substance, was made in good faith, amounted to a serious offer to settle the litigation, contained significant compromise, and was worthy of serious consideration. ... Taking into consideration all of the circumstances of this case (including the offer to settle), I am satisfied that the Plaintiffs are entitled to 30% of their actual reasonable fees incurred.
Decision relates to:
- T-604-19 - ARYSTA LIFESCIENCE NORTH AMERICA ET AL v. AGRACITY CROP ET AL
- A-37-23 - which is an appeal from this decision