Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more
The Federal Court has now released the first decision in which the scope of Section 53.1 of the Canadian Patent Act—the so-called “file wrapper estoppel” provision—has been considered. We recently published an IP Update...more
10/1/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
File Wrapper Estoppel ,
Foreign Patent Applications ,
Motion for Summary Judgment ,
New Rules ,
Noninfringement ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Right To Appeal
The Canadian Patent Act was amended last year to include a new provision which allows prosecution histories into evidence in patent proceedings to rebut representations made by the patentee regarding claims...more
9/28/2019
/ Admissible Evidence ,
Canada ,
Claim Construction ,
Extrinsic Evidence ,
File Wrapper Estoppel ,
New Rules ,
Patent Act ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Prosecution History ,
Patents ,
Prior Art ,
Rebuttable Presumptions ,
Scope of the Claim ,
Supreme Court of Canada ,
USPTO