Analysing the “Core of the invention” in overbreadth and utility
The Federal Court in NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486 considered the validity of five patents owned by the...Read More
Can a party make invalidity arguments against dropped claims?
In NCS Multistage Inc. v Kobold Corporation, 2023 FC 1486 Justice McVeigh determined whether NCS could raise invalidity arguments against non-asserted claims...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...Read More
Breaking invention chains: non-final unity objections need not “force” a divisional
In NCS v Kobold, the Federal Court explained the circumstances in which a double patenting argument could apply in the context of...Read More
An inventive concept dies and becomes the “spirit of the invention”
In NCS v Kobold, the Court explained that the inventive concept of a patent is not the “spirit of the invention” as...Read More