In a decision released earlier this year, Frac Shack Inc. v. AFD Petroleum Ltd., 2017 FC 104, the defendant was found to infringe several of the claims in a patent relating to a fuel delivery system used for hot refuelling equipment used for hydraulic fracturing. The court ordered a 27% royalty rate for sales made prior to the grant of the patent at issue and did not consider a manual process as being a non-infringing alternative. My article on this decision was published by Slaw. Continue reading Reasonable Royalties and Non-Infringing Alternatives
Tag Archives: Federal Court
No Email
There is no IPPractice daily email for November 25 because the Federal Court websites are down for scheduled maintenance. Continue reading No Email
Patent Colloquium
For those interested, the Fifth Annual Patent Colloquium at the new law building at UofT is a month away on Friday, November 4th. There will be panel discussions on early stage claim construction, independence of experts, non-infringing alternatives, among other topics.
Standard of Review
In an appeal from a prothonotary decision relating to inventor examinations, a five-member panel of the Federal Court of Appeal held that the court “should abandon the Aqua-Gem standard and adopt the one set out in Housen” for appeals from discretionary decisions of prothonotaries.
Patent Experts
My recent column on the use of experts in patent cases was published last week on Slaw.ca. It touches on some of the recent developments in this area including the updated guidelines on experimental testing, blinding of experts and number of experts in bifurcated proceedings. Continue reading Patent Experts
Prothonotary Appointment
Mandy Aylen, a partner at BLG, has been appointed a prothonotary of the Federal Court in Ottawa. The appointment was effective June 16th. Continue reading Prothonotary Appointment
Judicial Appointments
Judges were appointed today to the courts in Alberta, Ontario, BC and Quebec and to the Federal Court of Appeal. Justice Judith M. Woods, formerly a judge of the Tax Court was appointed to the Federal Court of Appeal.
Town Hall
At the Federal Court’s annual town hall held on May 12, 2016, the court provided an update and made some new announcements, including new Case Management Guidelines for NOC Applications.
Gene Patents
For those following Children’s Hospital of Eastern Ontario’s challenge to the validity of certain gene patents in the Federal Court (T-2249-14 – see earlier post), CHEO has announced a settlement: “the patent holder Transgenomic has agreed to provide CHEO and all other Canadian public sector hospitals and laboratories the right to test Canadians for Long QT syndrome on a not-for-profit basis”.
Summary Judgment and Summary Trial
My recent article on the 2009 amendments to the Federal Courts Rules relating to summary judgment and summary trial, particular for intellectual property proceedings was published by Slaw.