This is a patent conflict case. Monsanto and Mycogen brought motions to amend their pleadings to allege, inter alia, that Bayer was not entitled to participate in the conflict. The Motions Judge allowed those amendments. Bayer appealed to the Court of Appeal.
The Court of Appeal found no error by the Motions judge in allowing the amendments. However, the Motions Judge had ordered Monsanto to make certain amendments to a paragraph to remove allegations based on assumptions and speculations. The Court of Appeal ordered Mycogen to make similar amendments to its pleadings.
The Appeal was otherwise dismissed with costs.