- Parties: The appellant was Agracity Crop & Nutrition Ltd. The respondents were UPL NA Inc., Arysta Lifescience North America, LLC, and UPL Agrosolutions Canada Inc.

- Subject Matter: The appellant challenged the Federal Court’s liability decision ruling that various claims of Canadian Patent No. 2,346,021 were not invalid for obviousness, anticipation, insufficiency, or overbreadth and were infringed by the appellant. The liability decision likewise ordered disgorgement of the appellant’s profits. The appellant also challenged the Federal Court’s costs award in the respondents’ favour.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal of the liability decision and the appeal of the costs decision, which was based exclusively on alleged errors in the liability decision. The appeal court held that the Federal Court was entitled to find that, though flucarbazone sodium was known as a herbicide, this knowledge would not lead a skilled person to use it directly and easily as a selective herbicide as defined in the claims. These claims involved selectivity based on chemical structure rather than amount used and selectivity against certain defined weeds in certain defined crops. The appeal court added that the Federal Court did not comingle the concepts of anticipation and obviousness as argued by the appellant.

- Date: The hearing was set on May 13, 2024. The court released its decision on Aug. 19, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs of the appeals to the respondents.