Markwell Clarizio LLP

intellectual property

Three Interesting Issues Raised in the NCS/Kobold Patent Action – Part I

Co-written with Dino Clarizio In a complex patent infringement action involving five NCS patents and one Kobold patent relating to tools and sleeves used in oil well drilling, the Federal Court (per McVeigh J.) held that NCS’s patents were invalid and not infringed, and that Kobold’s patent was valid and infringed by NCS. As a […]

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Sandoz v. Janssen 2023 FCA 221: Threshold for Sound Prediction

The Federal Court of Appeal (Locke JA writing for the Court) recently confirmed the threshold for establishing a sound prediction of utility. Sandoz v Janssen 2023 FCA 221 Canadian patent law requires that, to prevent the filing of patent applications based on speculation, utility must be either demonstrated or the requirements for a sound prediction

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