Goldfarb v. Wl Gore & Associates Inc.

Goldfarb v. Wl Gore & Associates Inc.

The court found that Goldfarb established the invention and a date of invention no later than August 7, 1973 based on experimental success in the second series, later corroborative microscopic measurements of preserved grafts confirming the fibril length specifications, and credible evidence that he provided the specifications used in subsequent experiments; Gore/Cooper failed to prove an earlier invention date because Cooper did not focus on or measure fibril length prior to that time in a way that disclosed or produced the invention, did not effect manufacturing changes or adequately corroborate inventive disclosure, and therefore Goldfarb is the first inventor of the claimed ePTFE...

Citation
2001 FCT 45
Parties
Plaintiff / Defendant by Counterclaim: David Goldfarb; Defendant / Plaintiff by Counterclaim: W.L. Gore & Associates, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 February 2001
Procedural Posture
Patent Act Conflict Proceeding (subsection 43(8) Repealed) / Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff David Goldfarb; W.L. Gore & Associates Inc. dismissed; Commissioner to award conflict claims C-1 to C-8 to Dr. Goldfarb; costs awarded to plaintiff (to be spoken to).
Legal Topics
Inventorship, Date of Invention, Utility, Sound Prediction, Patent Priority, Evidentiary Corroboration
Source Language
English
Patent Law Intellectual Property Administrative Law Inventorship Date of Invention Utility Sound Prediction Patent Priority +1 more

Case Brief

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Parties

David Goldfarb

Plaintiff / Defendant by Counterclaim

W.L. Gore & Associates, Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Act Conflict Proceeding (subsection 43(8) Repealed) / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Who was first inventor of the ePTFE graft internal structure (appropriate fibril length)
  2. 2 What is the date of invention for the claimed fibril length range
  3. 3 Whether invention was reduced to a practical and definite shape and useful by the asserted date

Ratio Decidendi

The court found that Goldfarb established the invention and a date of invention no later than August 7, 1973 based on experimental success in the second series, later corroborative microscopic measurements of preserved grafts confirming the fibril length specifications, and credible evidence that he provided the specifications used in subsequent experiments; Gore/Cooper failed to prove an earlier invention date because Cooper did not focus on or measure fibril length prior to that time in a way that disclosed or produced the invention, did not effect manufacturing changes or adequately corroborate inventive disclosure, and therefore Goldfarb is the first inventor of the claimed ePTFE...

Court Disposition

Judgment for plaintiff David Goldfarb; W.L. Gore & Associates Inc. dismissed; Commissioner to award conflict claims C-1 to C-8 to Dr. Goldfarb; costs awarded to plaintiff (to be spoken to).

Orders

  • Award conflict claims C-1 to C-8 to Dr. David Goldfarb
  • Dismiss W.L. Gore & Associates Inc.'s claim/counterclaim