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Exosect sues Bayer for Canadian patent infringement

UK-based enabling technology provider Exosect (Winchester, Hampshire) has commenced legal proceedings against Bayer CropScience in the Canadian Federal Court for infringement of its Canadian patent (CA2861526). The patent was granted in February. It relates to, among other things, the use of synthetic waxes, such as polyethylene wax, as a lubricant/fluency agent to improve the flowability of plant seeds and reduce the risk of dust drift, Exosect says. In Canada, the majority of maize and soybean crops use a neonicotinoid insecticide seed treatment. Last year, the Canadian Pest Management Regulatory Agency advised that only Bayer's Fluency Agent was permitted for use with maize or soybean seed treated with neonicotinoid insecticides and that talc or graphite could no longer be used as seed flow lubricants. Exosect points out that the legal action has potential implications for the broader supply chain as such uses of the product in question may infringe the patent.


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