What Should We Learn from Recent Patent Case Law?

In an article published in Les Cahiers de propriété intellectuelle, our partner Pascal Lauzon presents the legal principles emerging from the most significant Canadian patent law decisions in 2021.

In this case law review, our partner examined three decisions of the Federal Court of Appeal as well as two decisions of the Federal Court. The following general findings and principles arise from this analysis:

• The Federal Court appears to be more and more open to deciding disputes or parts of them on Motions for Summary Judgment.
• Unless the trial judge has made an unjustifiable error in assessing the facts, appeals from decisions should be avoided.
• New section 53.1 of the Patent Act does not appear to open the door to the use of arguments based on the contents of patent examination files (commonly known as "file wrappers").
• “Markman hearings" to have claims construed during trial may finally have arrived in Canada.

The author provides a detailed analysis of the five decisions selected in the latest volume of Les Cahiers de propriété intellectuelle by Éditions Yvon Blais, available to subscribers.