The Federal Court of Appeal in Western Oilfield Rentals Ltd. v. M-I LLC, 2021 FCA 24 recently affirmed that several claims in a patent for certain drilling technology are valid and infringed. This appeal had everything: standard of review, claim construction (including section 53.1), infringement, inducement, the Gillette defence, anticipation,
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
The Court of Appeal for British Columbia in GEA Refrigeration Canada Inc. v. Chang, 2020 BCCA 361 recently affirmed a significant award (over $10 million) in a breach of confidence case relating to industrial freezer designs. This case illustrates that an action for breach of confidence can be a powerful
Here is something that does not come up often in the case law: earlier this fall in Loops L.L.C. v. Maxill Inc., 2020 ONSC 5438, Ontario’s Divisional Court issued an interlocutory injunction against a defendant in a US patent litigation to enforce a “no-challenge” clause contained in a settlement of
416.854.9429
The Federal Court of Appeal in Western Oilfield Rentals Ltd. v. M-I LLC, 2021 FCA 24 recently affirmed that several claims in a patent for certain drilling technology are valid and infringed. This appeal had everything: standard of review, claim construction (including section 53.1), infringement, inducement, the Gillette defence, anticipation,
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
The Court of Appeal for British Columbia in GEA Refrigeration Canada Inc. v. Chang, 2020 BCCA 361 recently affirmed a significant award (over $10 million) in a breach of confidence case relating to industrial freezer designs. This case illustrates that an action for breach of confidence can be a powerful
Here is something that does not come up often in the case law: earlier this fall in Loops L.L.C. v. Maxill Inc., 2020 ONSC 5438, Ontario’s Divisional Court issued an interlocutory injunction against a defendant in a US patent litigation to enforce a “no-challenge” clause contained in a settlement of
416.854.9429
The Federal Court of Appeal in Western Oilfield Rentals Ltd. v. M-I LLC, 2021 FCA 24 recently affirmed that several claims in a patent for certain drilling technology are valid and infringed. This appeal had everything: standard of review, claim construction (including section 53.1), infringement, inducement, the Gillette defence, anticipation,
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
The Court of Appeal for British Columbia in GEA Refrigeration Canada Inc. v. Chang, 2020 BCCA 361 recently affirmed a significant award (over $10 million) in a breach of confidence case relating to industrial freezer designs. This case illustrates that an action for breach of confidence can be a powerful
Here is something that does not come up often in the case law: earlier this fall in Loops L.L.C. v. Maxill Inc., 2020 ONSC 5438, Ontario’s Divisional Court issued an interlocutory injunction against a defendant in a US patent litigation to enforce a “no-challenge” clause contained in a settlement of
In the wake of the decision of the Federal Court in Choueifaty, in November of this year the Canadian Intellectual Property Office released a Practice Notice ‘Patentable Subject-Matter under the Patent Act’. The new Practice Notice is said to take into account the Choueifaty decision and provide guidance on the
416.854.9429
The Federal Court of Appeal in Western Oilfield Rentals Ltd. v. M-I LLC, 2021 FCA 24 recently affirmed that several claims in a patent for certain drilling technology are valid and infringed. This appeal had everything: standard of review, claim construction (including section 53.1), infringement, inducement, the Gillette defence, anticipation,
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
The Court of Appeal for British Columbia in GEA Refrigeration Canada Inc. v. Chang, 2020 BCCA 361 recently affirmed a significant award (over $10 million) in a breach of confidence case relating to industrial freezer designs. This case illustrates that an action for breach of confidence can be a powerful
Here is something that does not come up often in the case law: earlier this fall in Loops L.L.C. v. Maxill Inc., 2020 ONSC 5438, Ontario’s Divisional Court issued an interlocutory injunction against a defendant in a US patent litigation to enforce a “no-challenge” clause contained in a settlement of
416.854.9429
