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Federal Court patent case on claim construction, infringement, inducement, anticipation, and obviousness involving Guest Tek’s ’760 and ’345 patents.
The Federal Court held Canadian Patent No. 2,661,422 invalid for obviousness/obvious to try, ordered it removed from the Patent Register, and dismissed the action with costs.
The Federal Court held Seedlings’ asserted patent claims invalid for overbreadth, with some anticipated and one obvious, and found no infringement by Pfizer’s NGA EpiPen.
The Federal Court dismissed Valeant’s NOC prohibition application, holding Ranbaxy’s product did not infringe the 300 Patent and awarding costs to Ranbaxy.
The Federal Court held that the depreciation method was the sum-of-the-digits method and awarded Frac Shack $221,786 in accounting of profits and $126,037 in reasonable compensation.
The appeal is dismissed. The Federal Court did not err in exercising its discretion under Rule 400 to award lump sum costs equal to 30% of Dow's actual legal fees and $3.6M in disbursements given the case complexity, the judge's intimate knowledge of the record, the materials provided (Bill of Costs and fee summary), and the particular evidentiary circumstances surrounding the in-house testing disbursement; departures from Tariff B require justification and here were justified.
Source excerpt
The Federal Court allowed Dow to amend its pleadings after judgment to add additional SURPASS film grades, while preserving Nova’s right to amend its defence.
Federal Court dismissed Eli Lilly’s NOC application, finding it failed to prove sound prediction of utility for the untested pemetrexed genus claims.
The Federal Court dismissed an appeal from a prothonotary’s discovery order in a patent case, holding the rulings were not clearly wrong and costs were awarded.
The Federal Court granted Leo Pharma’s NOC prohibition application, rejecting Teva’s claims that the patent for a calcipotriol-betamethasone ointment was obvious, insufficient, or lacking utility.
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