Canada: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Same Defence, Better Facts: Federal Court Allows Amendments To Bolster Prior Use Allegation
The Federal Court in Kobold Corporation v NCS Multistage Inc. addressed whether a defendant could amend its pleadings to strengthen a prior use defence after losing a summary judgment motion on that same defence. The decision clarifies the scope of the 'best foot forward' principle and distinguishes between summary judgment motions and summary trials in patent litigation.
Canada IP
MT
McCarthy Tétrault LLP
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Article
Same Defence, Better Facts: Federal Court Allows Amendments To Bolster Prior Use Allegation
The Federal Court in Kobold Corporation v NCS Multistage Inc. addressed whether a defendant could amend its pleadings to strengthen a prior use defence after losing a summary judgment motion on that same defence. The decision clarifies the scope of the 'best foot forward' principle and distinguishes between summary judgment motions and summary trials in patent litigation.
Canada IP
MT
McCarthy Tétrault LLP
See more
See more