PATENTS Practice
Motion to strike paragraphs of defence and counterclaim dealing with issue of “inventorship”—Patent application filed October 1, 1981—Pre‑1989 Patent Act, R.S.C., 1985, c. P‑4, s. 61(1)(b) stating no patent will be declared invalid on grounds of prior inventorship by some other person unless challenging party can establish other person had, before issue of patent holder’s patent, made application for patent in Canada on which conflict proceedings should have been directed—Interpretation of “on which conflict proceedings should have been directed” at issue—Plaintiff’s interpretation that s. 61(1)(b) only applies when there has been a “missed conflict” consistent with s. 61(1)(b) and conflict proceedings lines of authority—Defendants cannot meet requirements of s. 61(1)(b)—Also, defendants’ inventorship allegations amount to abuse of process—Motion allowed.
Laboratoires Servier v. Apotex Inc. (T‑1548‑06, 2007 FC 837, Snider J., order dated 10/8/07, 35 pp.)