Kellogg Company v. Kellogg

Kellogg Company v. Kellogg

The Exchequer Court had jurisdiction under s.44(8)(iv) of the Patent Act and s.22(c) of the Exchequer Court Act to decide appellant's pleaded claim that an invention made by respondent's assignor was owned by appellant by virtue of employment/trust; the Supreme Court had jurisdiction to hear the appeal under s.82 because the right immediately involved exceeded $500; therefore the striking of paragraph 8 was incorrect and paragraph 8 must be restored.

Citation
[1941] SCR 242
Parties
Plaintiff Appellant: Kellogg Company; Defendant Respondent: Helen L. Kellogg
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 April 1941
Procedural Posture
Patent Ownership Dispute Under Patent Act S.44(8) / Appeal to Supreme Court of Canada From Exchequer Court Order Striking Pleading
Outcome
Appeal allowed
Legal Topics
Patent Ownership, Conflicting Patent Applications, Employee Inventions, Jurisdiction of Federal Courts, Pleadings and Demurrer
Source Language
English
Intellectual Property Patent Ownership Conflicting Patent Applications Employee Inventions Jurisdiction of Federal Courts Pleadings and Demurrer

Case Brief

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Parties

Kellogg Company

Plaintiff Appellant

Helen L. Kellogg

Defendant Respondent

Procedural Posture

Patent Ownership Dispute Under Patent Act S.44(8) / Appeal to Supreme Court of Canada From Exchequer Court Order Striking Pleading

Legal Issues

  1. 1 Whether Exchequer Court has jurisdiction under s.44(8)(iv) and s.22(c) to decide ownership of an invention alleged to arise from employment/trust circumstances
  2. 2 Whether paragraph 8 of appellant's pleading raising employment/trust ownership could be struck out as outside Exchequer Court jurisdiction
  3. 3 Whether Supreme Court of Canada had jurisdiction to hear appeal under Exchequer Court Act s.82

Ratio Decidendi

The Exchequer Court had jurisdiction under s.44(8)(iv) of the Patent Act and s.22(c) of the Exchequer Court Act to decide appellant's pleaded claim that an invention made by respondent's assignor was owned by appellant by virtue of employment/trust; the Supreme Court had jurisdiction to hear the appeal under s.82 because the right immediately involved exceeded $500; therefore the striking of paragraph 8 was incorrect and paragraph 8 must be restored.

Court Disposition

Appeal allowed

Orders

  • Paragraph 8 of the appellant's statement of claim and related prayers restored
  • Costs awarded to appellant here and below