Ambiguity Archives

August 1, 2017

Federal Court of Canada finds that complexity of issues or conflicting evidence are not bars to a summary trial

2016 FC 1117 - Cascade brought a claim that Kinshofer had infringed its Canadian patent related to a safety locking device for quick couplers. After carrying out a claim construction, the FC did not find that the patent had been infringed.

May 18, 2015

Hydrogen Economy Patent Rejected for Ambiguity

Commissioner’s Decision #1376 - The Application, which sought to patent what is essentially one manifestation of the hydrogen economy, was rejected for ambiguity since the Application’s use of the term “water… inputs” as claimed was not supported by the description. Water is only ever described as taking part in intermediary steps in the claimed method, not as an energy input, as in hydroelectric power.

January 23, 2014

Human Antibody Patent Upheld at FC

AbbVie Corporation v Janssen Inc. [2014 FC 55] Background The action is in respect of a patent directed to human antibodies capable of binding a […]