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ARTICLE · 28 SEPTEMBER 2022

Too Quick To (Summary) Judge: The Shortcomings Of Summary Judgment In Patent Actions In Canada

McMillan LLP
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The Canadian Federal Court of Appeal's ("FCA") recent decision in GEMAK Trust v Jempak Corporation, 2022 FCA 141 considered the limitations of the summary judgment process in the context of patent infringement actions.

CanadaIntellectual Property
Mala Milanese
Mala Milanese
Pablo Tseng
Pablo Tseng
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The Canadian Federal Court of Appeal's ("FCA") recent decision in GEMAK Trust v Jempak Corporation, 2022 FCA 141 considered the limitations of the summary judgment process in the context of patent infringement actions. This decision also provided clarity on issues relating to the meaning of "common general knowledge" and when an opinion does not need to be given by a person skilled in the art.

Background

GEMAK TRUST ("GEMAK") owns two patents claiming dishwasher and laundry detergent compositions. Jempak Corporation and Jempak GK Inc. (collectively, "Jempak") manufacture and sell dishwasher detergent pods. In July of 2018, GEMAK brought an action against Jempak for infringement of its patents. In a decision reported as 2020 FC 644, the Federal Court ("FC") granted Jempak's motion for summary judgment and dismissed GEMAK's action. GEMAK appealed from that judgment on the basis that the FC committed a numbers of errors, including:

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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