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patent litigation

Unwrapping File Wrapper Estoppel: Some Effects of Bill C-86

To the delight of patent litigators everywhere, the doctrine of file wrapper estoppel is about to be implemented in Canadian Patent Law. After more than 18 years since Justice Binnie rejected the doctrine in Canada in his ruling in Free World Trust v Electro Santé Inc., it will come into force via Bill C-86, likely […]

Two Years to Trial, Three Years Later

Three years ago, the Federal Court announced a plan to try to schedule trials within two years of the commencement of the proceeding. Since that time, many new patent cases have been commenced and some trials have been scheduled and heard. Has the court met its goals for patent infringement actions? In Canada, most patent […]