BASF and Corteva also reiterated an argument that the judges' decision did not give them an opportunity to defend their herbicides, since the original lawsuit in 2017 only mentioned Bayer's XtendiMax. Only when the case was re-filed in 2019 was it expanded to address EPA's entire 2018 dicamba registration decision, which included Engenia and FeXapan. BASF and Corteva argue that this new scope was not clear enough in the course of the lawsuit, and the companies weren't aware their herbicides' registrations were at stake before the June 3 ruling.