NCS Multistage Inc. v. Kobold Corporation
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2023 FC 1486 |
| Date | 07 November 2023 |
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5 practice notes
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NCS Multistage Inc. v. Kobold Corporation, 2025 FCA 187
...that the asserted claims of the 571 were invalid. [4] Kobold and Promac were successful at trial. In a necessarily lengthy decision (2023 FC 1486, per Justice McVeigh) (FC Decision), the Federal Court dismissed NCS’s actions against Kobold and Promac and declared certain claims of the NCS P......
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Navigating Unity Of Invention And Double Patenting Issues: Practical Strategies For Patent Protection In Canada
...(rather than by way of a final action issued by the Patent Office), the more recent decision in NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 at para 245 advocates a more balanced middle ground: "The preferred approach is an informed middle ground. Where an inventor can trace the or......
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Double Patenting And Divisionals In Canada: Evolving Strategies For Applicants
...4. Bayer Inc v Cobalt Pharmaceuticals Co., 2013 FC 1061 at paras 140-149; aff'd 2015 FCA 116. 5. NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 at paras 1215-1249 [NCS 6. Abbott Laboratories v The Minister of Health and Sandoz Canada Inc, 2009 FC 648 at para 193 [Abbott]. 7. Biogen a......
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Canadian Patent Law 2023: A Year In Review
...see our June 13, 2023 article. A comprehensive examination of patent validity and infringement NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 warrants mention, if only for the number of patents involved (six) and the length of the decision (451 pages; 527 pages with the appendices). ......
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1 cases
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NCS Multistage Inc. v. Kobold Corporation, 2025 FCA 187
...that the asserted claims of the 571 were invalid. [4] Kobold and Promac were successful at trial. In a necessarily lengthy decision (2023 FC 1486, per Justice McVeigh) (FC Decision), the Federal Court dismissed NCS’s actions against Kobold and Promac and declared certain claims of the NCS P......
4 firm's commentaries
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Navigating Unity Of Invention And Double Patenting Issues: Practical Strategies For Patent Protection In Canada
...(rather than by way of a final action issued by the Patent Office), the more recent decision in NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 at para 245 advocates a more balanced middle ground: "The preferred approach is an informed middle ground. Where an inventor can trace the or......
-
Double Patenting And Divisionals In Canada: Evolving Strategies For Applicants
...4. Bayer Inc v Cobalt Pharmaceuticals Co., 2013 FC 1061 at paras 140-149; aff'd 2015 FCA 116. 5. NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 at paras 1215-1249 [NCS 6. Abbott Laboratories v The Minister of Health and Sandoz Canada Inc, 2009 FC 648 at para 193 [Abbott]. 7. Biogen a......
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Canadian Patent Law 2023: A Year In Review
...see our June 13, 2023 article. A comprehensive examination of patent validity and infringement NCS Multistage Inc v Kobold Corporation, 2023 FC 1486 warrants mention, if only for the number of patents involved (six) and the length of the decision (451 pages; 527 pages with the appendices). ......
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Federal Court Of Appeal "Frack" Tracks On Claim Construction, Double Patenting And Lump Sum Costs
...found the four asserted claims of the 571 Patent to be valid and infringed by NCS, among many other findings relating to multiple patents (2023 FC 1486). NCS appealed the FC's decision on various grounds, which by the hearing it had narrowed to claim construction and double patenting of the......