The Challenges Of Obtaining Summary Judgment

In Reinhard Delp v. Fresh Headies Internet Sales Ltd. et al., 2011 FC 1228, the Federal Court considered a motion for summary judgment brought by two of five defendants seeking dismissal of a patent infringement action brought against them. As described by the Court, the 815 Patent relates to methods and devices for extracting resins from plants, including cannabis plants.

The plaintiff, Reinhard Delp, inventor and patentee of Canadian patent 2,321,815 (the "815 Patent"), brought a patent infringement action against several companies claiming that they infringed his rights under the patent by marketing the claimed method to third parties.

Two of the defendants, Fresh Headies Internet Sales Ltd. and Crystal Mountain Manufacturing, brought a motion for summary judgment under Rules 213 and 215 of the Federal Court Rules. They argued that the 815 Patent was invalid for inutility because it claimed efficacy at a range of temperatures up to 15ºC. The defendants claimed