Agracity Crop v. Upl Na Inc, 2024 FCA 133
Justice Locke; Justice Woods; Justice Laskin - 2024-08-19
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The case concerns an appeal on the issues of anticipation and obviousness related to the validity of Canadian Patent No. 2,346,021 (the 021 Patent) regarding a selective herbicide known as flucarbazone sodium. The Federal Court had ruled that the patent claims were not invalid and were infringed by the appellant, ordering disgorgement of profits. The Court of Appeal dismissed the appeals, focusing solely on the remaining issues of anticipation and obviousness. The appellant argued that the prior patents disclosed subject matter that anticipated the 021 Patent. However, the Court disagreed, stating that the prior patents did not meet the high bar required for anticipation as they did not provide all the information necessary to produce the claimed invention without inventive skill. The Court upheld the lower court's decision on the matter.
Decision relates to:
- A-248-22 - AGRACITY CROP et Al v. UPL NA INC et AL which is an appeal from 2022 FC 1422 in T-604-19
- A-37-23 - AGRACITY CROP ET AL. v. UPL NA INC. ET AL. which is an appeal from 2023 FC 163 in T-604-19