Google Canada Corporation v. Paid Search Engine Tools, LLC, 2021 FCA 63
Justice Webb; Justice Rennie; Justice de Montigny - 2021-03-25
Read full decision. Automatically generated summary:
[Appeal from 2020 FC 992] Subsection 55(2) of the Patent Act provides for liability for damage sustained before a patent is granted, commencing from the date that the patent is published. Subsection 55(4) adds that pre-grant conduct is deemed to be an act of infringement of the patent. ... For the reasons that follow, I am of the view that we need not decide whether the limitation period is subject to the discoverability principle. ... On the basis of the foregoing, I am therefore of the view that the Motion Judge made no palpable and overriding error in the exercise of the discretion that Rule 220(1)(a) confers on her. She considered all the circumstances of the case and concluded that they strongly favoured refusing Google’s motion. Not all legal questions need to be answered prior to trial and it was open to the Motion Judge to conclude, on the basis of the record, that answering the question would not save time and expense.
Decision relates to:
- A-269-20 - GOOGLE CANADA CORPORATION, et al. v. PAID SEARCH ENGINES TOOLS, LLC which is an appeal from 2020 FC 992 in T-40-18