2023 Year In Review: Intellectual Property Litigation

2023 saw several important developments in Canadian intellectual property litigation. Below, we discuss several of these topics, including the court placing limits on summary trials, counsel's involvement in drafting expert reports, the availability of a permanent injunction, and others.

1. Weather Encountered in Summary Proceedings

2023 brought mixed outcomes in summary proceedings, with the Federal Court questioning the availability of summary proceedings in two patent cases, but not in two trademark and copyright cases.

In Meridian Manufacturing v. Concept Industries¹ – a proceeding claiming patent infringement and counterclaiming invalidity – both parties sought summary judgment. The Federal Court concluded that the infringement question could not be determined without a trial as, in part, there was a fundamental disagreement between the parties on the essential elements of the claim. Moreover, the Court saw the differences on both infringement and