Patrick Smith and Emilie Feil-Fraser were successful in the Federal Court of Appeal in Mud Engineering v. Secure Energy Services Inc. 2024 FCA 131. In the underlying summary trial decision, St-Louis J. dismissed the infringement action after finding that Mud Engineering had not demonstrated that its purported inventor, Victor Wu, made the invention being asserted against Secure. In so doing, the summary trial judge made adverse credibility findings against Mr. Wu and in favour of Secure's expert, Professor Eric Rivard. In upholding Justice St-Louis' decision, writing for the majority, Justice Stratas reiterated that a failure of a party to put its best foot forward in the context of a summary trial is not "a consequence free dress rehearsal for a later trial".
For a full copy of the decision, see here.