2023 saw several important developments in Canadian intellectual
property litigation. Below, we discuss sev eral 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.
Weather Encountered in Summary Proceedings
2023 brought mixed outcomes in summary proceed ings, 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 coun terclaiming 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 disagree ment between the parties
on the essential elements of the claim. Moreover, the Court saw the
differences on both infringement and
