Tag archives: Litigation

Guidance on inventor discovery and “invention story” evidence in Canadian patent actions: Federal Court rules in favour of patentee

Photo of Pardeep HeirPhoto of Paul JorgensenPhoto of Kristin WallBy Pardeep Heir, Paul Jorgensen and Kristin Wall on Posted in Intellectual property
In three recent decisions, released in July and August, the Federal Court addressed questions concerning inventors and the “invention story” during Canadian patent litigation. The Court found that: (i) a patentee has no duty to facilitate inventor discovery; (ii) patentee’s counsel can object to questions during an inventor examination; and (iii) a patent challenger must … Continue reading

Higher costs awards coming to the Federal Court, including for pharma regulatory and IP disputes

Photo of Chelsea NimmoPhoto of Paul JorgensenPhoto of Kristin WallBy Chelsea Nimmo, Paul Jorgensen and Kristin Wall on Posted in Damages, Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences
Higher costs awards for Federal Court litigation are on the horizon, with the Canadian government consulting on proposed amendments to the costs structure in the Federal Courts Rules (the Rules). The proposed amendments are intended to increase costs awards by approximately 25%.   The current costs regime Under the Rules, the Federal Courts can fix a … Continue reading
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