Gemak Trust v. Jempak Corporation
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 141 |
| Date | 04 August 2022 |
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28 practice notes
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Saskatchewan (Attorney General) v. Witchekan Lake First Nation
...witnesses’ 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 gr......
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McCain Foods Limited v. J.R. Simplot Company
...art, or the “common stock of knowledge relating to the art” of the POSITA: Whirlpool at paras 53, 70; Gemak Trust v Jempak Corporation, 2022 FCA 141 at paras 93–100, citing British Acoustic Films Ltd v Nettlefold Productions (1936), 53 RPC 221 at p 250; Hospira at para 84; Mylan Pharmaceuti......
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Agi Suretrack, LLC v. Farmers Edge Inc.
...time, and includes what the skilled person may reasonably be expected to know and be able to find out”: Gemak Trust v Jempak Corporation, 2022 FCA 141 at para 93, aff’g 2020 FC 644 at para 97. What the skilled person may “be able to find out” does not cover all prior art or everything the p......
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Tekna Plasma Systems Inc. v. AP&C Advanced Powders & Coatings Inc.
...74. The CGK thus includes what the POSITA “may reasonably be expected to know and be able to find out”: Gemak Trust v Jempak Corporation, 2022 FCA 141 at para 93, aff’g 2020 FC 644 at para 97; Tetra Tech at para c)However, what the skilled person may “be able to find out” does not cover all......
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11 cases
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd.
...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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