PATENTS
Infringement
Appeal from Federal Court judgment (2005 FC 838) granting respondent’s motion for summary judgment, dismissing appellant’s action against respondent for patent infringement because patent invalid, not meeting definition of “invention” in Patent Act, s. 2—Whether motions judge erring in finding appellant’s patent invalid on grounds only constituting discovery—Appeal allowed—Discovery of new, useful application for existing method more than mere discovery—Patent Act, R.S.C., 1985, c. P‑4, s. 2 (as am. by R.S.C., 1985, c. P‑4, s. 2) “invention”.
Calgon Carbon Corp. v. North Bay (City) (A‑320‑05, 2005 FCA 410, Rothstein J.A., judgment dated 6/12/05, 8 pp.)
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