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ARTICLE · 22 OCTOBER 2025

Patent Infringement And Agricultural Biotechnology: Litigating With Urgency

Cassels
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The Saskatchewan Court of Appeal recently released its decision in Mosiuk v BASF Canada Inc., 2025 SKCA 90.

CanadaIntellectual Property
Kassandra Shortt
Kassandra Shortt
Mark Davis
Mark Davis
Emma Baliat
Emma Baliat
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The Saskatchewan Court of Appeal recently released its decision in Mosiuk v BASF Canada Inc., 2025 SKCA 90. The Court upheld an interlocutory injunction and preservation order authorizing BASF to enter the defendants' property, take leaf samples from the allegedly infringing canola crop, and conduct destructive testing on the leaves to assess infringement of its canola seed patent. This case highlights the unique testing considerations that arise in agricultural biotechnology cases and considers the interlocutory remedies that may be available to patent holders.

Background

BASF Canada Inc. (BASF) owns a patent relating to a canola seed that it sells under the brand name InVigor Hybrid Canola (InVigor). Sales of InVigor are governed by a licensing agreement, the Liberty & Trait Agreement (LTA), that restrict its sale and use.

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