Gemak Trust v. Jempak Corporation, 2022 FCA 141
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 141 |
| Date | 04 August 2022 |
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17 practice notes
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...credibility than a judge who has only affidavits and documentary evidence before them (Gemak Trust v. Jempak Corporation, 2022 FCA 141, 196 C.P.R. (4th) 215 at para. 68 [40] Credibility disputes do not, however, presumptively defeat a motion for summary judgment. The Court may grant summary......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...the relevant date because it would not have been located through a reasonably diligent search. [149] In Gemak Trust v Jempak Corporation, 2022 FCA 141 [Gemak], the Federal Court of Appeal [100] Thus, it is no longer required that prior art be available to the POSITA through a reasonably dil......
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Kilback v. Canada, 2023 FCA 96
...this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing there was no genuine issue for trial by presenting the evidence needed t......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...the public domain: Eurocopter at para 64. The Federal Court of Appeal recently confirmed this point in Gemak Trust v Jempak Corporation, 2022 FCA 141 at A piece of particular knowledge as disclosed in a scientific paper does not become common general knowledge merely because it is widely re......
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8 cases
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...credibility than a judge who has only affidavits and documentary evidence before them (Gemak Trust v. Jempak Corporation, 2022 FCA 141, 196 C.P.R. (4th) 215 at para. 68 [40] Credibility disputes do not, however, presumptively defeat a motion for summary judgment. The Court may grant summary......
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Vidéotron Ltée v. Konek Technologies Inc., 2023 FC 741
...foot forward”: CanMar Foods Ltd v TA Foods Ltd, 2021 FCA 7 at paragraph 27, [2021] 1 FCR 799; Gemak Trust v Jempak Corporation, 2022 FCA 141 at paragraph 67. It follows that the defendant cannot, at trial, make new submissions that seek to reverse the summary judgment. In fact, allow......
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Kilback v. Canada, 2023 FCA 96
...this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing there was no genuine issue for trial by presenting the evidence needed t......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...RPC 457 (CA), at page 483]. As such, the CGK does not include all of the information in the public domain [see Gemak v Jempak Corporation, 2022 FCA 141 at para 95]. B. Analysis [117] In this case, the relevant date for assessment of the CGK is when the 021 Patent was laid open for public in......
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6 firm's commentaries
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2022 Year In Review: IP Litigation
...for cross-examination, to assist the court in assessing credibility. This limitation was illustrated in GEMAK Trust v Jempak Corporation, 2022 FCA 141, where the Federal Court of Appeal overturned a decision that granted summary judgment in an action for patent infringement relating to dish......
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Canadian Patent Law 2022: A Year In Review
...clarified when summary judgment and summary trial will be appropriate in patent infringement actions. In GEMAK Trust v Jempak Corporation, 2022 FCA 141, the Federal Court of Appeal considered whether the Federal Court erred in granting summary judgment in a patent infringement action. The C......
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Key Canadian Patent Law Decisions From 2022 And Some Predictions For 2023
...acts infringed the claim, so summary judgment will usually not be granted. TRENDS IN SUMMARY JUDGMENT - GEMAK TRUST V. JEMPAK CORPORATION, 2022 FCA 141 AND JANSSEN INC. V. PHARMASCIENCE INC., 2022 FC 62 Beyond Kobold, multiple other cases this year specifically considered the question of wh......
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Canadian Patent Law: 2022 Year In Review
...years had largely been successful, 2022 saw several decisions that went against the moving party. The decision of Gemak Trust v Jempak, (2022 FCA 141) saw the Federal Court of Appeal (FCA) overturn a decision of the Federal Court in which summary judgment had been granted. The FCA found tha......
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