/ck/ - Food & Cooking

>>5480681

>[1] This is an action heard in Saskatoon, against the defendants, pursuant to the Patent Act, R.S.C. 1985, c. P-4 (the "Act"), for alleged infringement of the plaintiffs' Canadian Letters Patent No. 1,313,830. The infringement alleged is by the defendants using, reproducing and creating genes, cells and canola seeds and plants containing genes and cells claimed in the plaintiffs' patent, and by selling the canola seed they harvested, all without the consent or licence of the plaintiffs. The commercial product resulting from the plaintiffs' development, from its patent and licensing agreements, is known as "Roundup Ready Canola", a canola seed that is tolerant of glyphosate herbicides including the plaintiffs' "Roundup".


>[2] On consideration of the evidence adduced, and the submissions, oral and written, on behalf of the parties I conclude that the plaintiffs' action is allowed and some of the remedies they seek should be granted. These reasons set out the bases for my conclusions, in particular my finding that, on the balance of probabilities, the defendants infringed a number of the claims under the plaintiffs' Canadian patent number 1,313,830 by planting, in 1998, without leave or licence by the plaintiffs, canola fields with seed saved from the 1997 crop which seed was known, or ought to have been known by the defendants to be Roundup tolerant and when tested was found to contain the gene and cells claimed under the plaintiffs' patent. By selling the seed harvested in 1998 the defendants further infringed the plaintiffs' patent.

Look at the picture and tell me that that is corn.