SNF Inc. v. CIBA Speciality Chemicals Water Treatments Limited, 2014 FC 616
Justice Phelan - 2014-06-25
Read full decision. Summary prepared by Alan Macek:
The defendant in an impeachment action sought to claim privilege over groups of documents on the basis of the Wigmore privilege, European Patent Attorney privilege, litigation privilege and solicitor-client privilege. The Court held that the privilege accorded European patent attorneys does not extend to Canadian litigation unless the privilege arises under some other principle of privilege and the courts have not recognized the patent agent relationship as a privileged one per se in Canada. The Court also held that a protest filed against a Canadian patent application does not per se give rise to a realistic anticipation of litigation and the dominant purpose of the communications at issue was to acquire patent rights, not litigation. Dimock Stratton represented the moving party.
Decision relates to:
- T-1749-11 - SNF INC. v. CIBA SPECIALTY CHEMICALS WATER TREATMENTS LIMITED