prior use

January 27, 2022
A photo of a pumpjack for mining oil in the Canadian prairies.

Prior Use Defence Argued by Mining Supplier in Patent Infringement Case

The prior use defence allows a business to continue activities that would otherwise be patent infringement, if the activities pre-date the filing date of the patent.
February 28, 2019

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions
January 22, 2013

FCA Clarifies Prior Disclosure and the “Obvious to Try” Analysis

Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 Per Gauthier J.A. (Nadon J.A. concurring): This was an appeal from the Federal Court decision […]