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The 411 On File Wrapper Estoppel In Canada - Intellectual Property

To print this article, all you need is to be registered or login on Mondaq.com. In Canada, it has long been understood that when it comes to the construction of claims in a patent litigation matter, only information provided by the four corners of the specification was admissible in the court proceeding. This means that the claims were purposively construed with a mind willing to understand and based on the teachings of the description. More than 20 years ago, the highest court in Canada affirmed that allowing extrinsic evidence, in the form of admissions made during the prosecution of the Canadian patent

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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,

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The New Rules Of Canadian Patent Litigation: Federal Court Of Appeal Affirms The Viability Of Summary Judgments In Patent Actions, Upholds Interpretation Of File Wrapper Estoppel - Intellectual Property

On January 20, 2021, the Federal Court of Appeal dismissed the appeal in CanMar Foods Ltd. v. TA Foods Ltd 2021 FCA 7. This precedent setting appeal stems from the underlying decision of Justice Manson which itself was recognized as the Canadian Patent Impact Case of the Year by Managing Intellectual Property (MIP) Americas Awards 2020. Gowling WLG successfully represented TA Foods both at trial and on appeal. Our earlier articles and discussion on the trial decision are available here and here. This appellate decision reiterates that summary judgment is a viable, efficient and relatively inexpensive procedural route to exit patent actions even before discovery where it is clear that

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Flax Seed Market Trends, Share, Size, Demand, Growth Opportunities, Industry Revenue, Future and Business Analysis by Forecast 2027

Flax Seed Market Trends, Share, Size, Demand, Growth Opportunities, Industry Revenue, Future and Business Analysis by Forecast 2027
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