Dishwasher Detergent Pod Case Deserves “Full Cycle” of Trial: “Express Wash” Summary Judgment Rejected by Court of Appeal
In GEMAK v Jempak, the Federal Court of Appeal set aside a decision granting summary judgment and directed that the matter proceed... Read More
Supreme Court of Canada Refuses to Hear Mining Patent Obviousness Appeal
On June 14, 2018, the Supreme Court of Canada dismissed Ciba’s application for leave to appeal the decision of the Federal Court... Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity... Read More
Any publicly available teaching, no matter how obscure, is citable for obviousness – Court of Appeal
The Patent Act was amended in 1993 to to require that an invention cannot be obvious to the skilled person having regard to information that was... Read More
Absent de facto prejudice, pleading amendments will ‘almost always’ be in the interests of justice
On January 29, 2016, Justice Barnes of the Federal Court released the Order and Reasons in Canplas Industries Ltd. v. Airturn Products... Read More
FCA Upholds the “Reasonably Diligent Search” Standard, For Now
The Federal Court of Appeal in E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2015 FCA 163, dismissed an appeal from... Read More