AGI Suretrack, LLC v. Farmers Edge Inc., 2024 FC 1887
Justice McHaffie - 2024-11-26
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Farmers Edge seeks its costs of this action, in which it successfully defended patent infringement allegations brought by AGI Suretrack (formerly Farmobile) and obtained a declaration that the ’742 Patent is invalid: 2024 FC 934. Farmers Edge asks the Court to award a total amount of $5,689,225, which it calculates based on 50% of its total recoverable fees, doubled after the date of a written offer to settle, plus recoverable disbursements, less the net result of interlocutory costs awards. … For the reasons below, I will award Farmers Edge a lump sum amount of $2,500,000 on account of fees, calculated as 33% of its adjusted recoverable fees to April 12, 2021, and 66% thereafter pursuant to Rule 420, together with disbursements in the amount of $1,777,435, for a total of $4,277,435 as costs of the action. … AGI argues it was improper for Farmers Edge to disclose the contents of without prejudice settlement communications and they should be struck from the record “to promote the public policy favouring settlement discussions.” … In any case, AGI’s arguments on this point are without merit. … If the trial had gone ahead on April 19, 2021, then Farmers Edge’s offer would not have met the requirements of Rule 420(3)(a). However, the rule requires an offer to be made at least 14 days before the commencement of trial, not 14 days before the date when trial is scheduled to commence.
Decision relates to:
- T-449-17 - FARMOBILE, LLC. v. FARMERS EDGE INC.