In a patent case, the Federal Court of Appeal affirms a summary judgment of non-infringement, discusses s. 53.1 file wrapper estoppel for the first time and cautiously leaves possibilities open
This January Canada’s Federal Court of Appeal in Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 affirmed a decision dismissing a patent infringement action for a lack of infringement on a motion by the defendant for summary judgment (see here for the decision on the motion). While recent years have seen several other examples of successful motions for summary judgment in patent cases (see here, here, and here), such motions have historically been rare. Accordingly, a decision of the Federal Court of Appeal affirming a summary judgment in a patent case is significant and lends support to the