Excalibre Oil Tools Ltd v. Advantage Products Inc., 2016 FC 1279
| Jurisdiction | Federal Jurisdiction (Canada) |
| Subject Matter | PATENTS OF INVENTION,EVIDENCE,PRACTICE |
| Citation | 2016 FC 1279 |
| Court | Federal Court (Canada) |
| Date | 17 November 2016 |
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24 practice notes
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...Canada Inc. v. Canada (Minister of Health), 2007 FC 446 at paragraphs 25, 35, and 36; Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279 at paragraph 119]. [81] The principles of claim construction were recently summarized by the Federal Court of Appeal in Tearlab Corporation......
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CanMar Foods ltd. c. TA Foods ltd.,
...Canada Inc. v. Canada (Minister of Health), 2007 FC 446, [2008] 1 F.C.R. 672; Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279; Halford v. Seed Hawk Inc., 2001 FCT 1154, 16 C.P.R. (4th) 189; Nabisco Brands Ltd./Nabisco Brands Ltée v. Procter & Gamble Co., 1985 Cars......
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...1 at page 147; E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 [Supertek]; Excalibre Oil Tools Ltd v Advantage Products Inc, 2016 FC 1279 [Excalibre]; Yiwu Thousand Shores E-Commerce Co Ltd v Lin, 2021 FC 1040 at para 57; Immigration Consultants of Canada Regulatory Council v CI......
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Apotex Inc. v. Eli Lilly Canada Inc.,
...right to do when it held a presumptively valid patent. As the Federal Court stated in Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279, at para. 281 (“Excalibre”): Section 43(2) of the Patent Act states that issued patents are presumed valid, absent evidence to the contrary......
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12 cases
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...Canada Inc. v. Canada (Minister of Health), 2007 FC 446 at paragraphs 25, 35, and 36; Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279 at paragraph 119]. [81] The principles of claim construction were recently summarized by the Federal Court of Appeal in Tearlab Corporation......
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CanMar Foods ltd. c. TA Foods ltd.,
...Canada Inc. v. Canada (Minister of Health), 2007 FC 446, [2008] 1 F.C.R. 672; Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279; Halford v. Seed Hawk Inc., 2001 FCT 1154, 16 C.P.R. (4th) 189; Nabisco Brands Ltd./Nabisco Brands Ltée v. Procter & Gamble Co., 1985 Cars......
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...1 at page 147; E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 [Supertek]; Excalibre Oil Tools Ltd v Advantage Products Inc, 2016 FC 1279 [Excalibre]; Yiwu Thousand Shores E-Commerce Co Ltd v Lin, 2021 FC 1040 at para 57; Immigration Consultants of Canada Regulatory Council v CI......
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Apotex Inc. v. Eli Lilly Canada Inc.,
...right to do when it held a presumptively valid patent. As the Federal Court stated in Excalibre Oil Tools Ltd. v. Advantage Products Inc., 2016 FC 1279, at para. 281 (“Excalibre”): Section 43(2) of the Patent Act states that issued patents are presumed valid, absent evidence to the contrary......
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11 firm's commentaries
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Tactical Use Of Threatening Cease And Desist Letters Discouraged By The Court
...1 Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81 at paras 99-101, 117 [Fluid]. 2 Excalibre Oil Tools Ltd v Advantage Products Inc, 2016 FC 1279 [Excalibre Oil Tools], aff'd 2019 FCA 3 Fluid at para 51 citing Excalibre Oil Tools at para 282. 4 Fluid at para 128, citations omitted. 5 Fluid......
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Recent Amendments To The Canadian Patent Act Have Come Into Force
...strategy, please contact one of BLG's legal professionals. Footnotes 1 Free World Trust v. Électro Santé, 2000 SCC 66 at para 64-67. 2 2016 FC 1279 (under cross-appeal in A-460-16, see 2019 FCA About BLG Demand Letters The Budget Act also provides in the new section 76.2, that demand or ......
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The Ideal Cease And Desist Letter Informative And Only Covertly Threatening?
...of the threats, that wasn't the reason why we made the decision"11 This article was also published on SLAW online magazine. Footnotes 1 2016 FC 1279 (Justice Manson) [under appeal A-460-16] 2 [1966] SCR 419 at 424 ("S&S") 3 Actual quantum for the 7(a) violation was deferred to a separat......
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Bill C-86 Omnibus Budget Implementation Act Makes Substantial Changes To The Patent Act
...what could be said in a demand letter imposed through other statutes. For instance, in Excalibre Oil Tools Ltd v Advantage Products Inc, 2016 FC 1279, the Federal Court found that a threatening cease and desist letter sent to an alleged infringer's customers was in violation of section 7(a)......
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