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IP Litigation 2020 Year In Review - Intellectual Property


Canmar
5 was a
trend for a day or here to stay. This year, the Federal Court has
seen increased attempts by litigants to resolve matters more
expeditiously by way of dispositive motions. Summary judgment was
granted in three cases
6 and two
motions for default judgment were brought but dismissed based on
insufficient evidence.
ViiV Healthcare Company v. Gilead Sciences
Canada,
8 the Court held that
completion of discoveries is not a precondition to summary trial
such that resolution may be sought at very early stages of the
proceeding.
We saw the Federal Court grant summary disposition to (a)
dispose of claim construction argument, ....

Justice Southcott , Justice Orilley , Justice Kane , Justice Nadon , Justice Mcveigh , Justice Hughes , Justice Lafreni , Justice Pentney , Justice Boswell , Justice Fuhrer , Justice Oreilly , Justice Rivoalen , Justice Roy , Justice Grammond , Justice Manson , Justice Webb , Georgetown Rail Equipment Company , Mccain Foods Limited , Arctic Cat Inc , Sport Maska Inc , Seedlings Life Science Ventures , Free World , Pharmascience Inc , Mccain Foods , Trennen Industries Ltd , Ta Foods Ltd ,