Pollard Banknote Ltd. v. BABN Technologies Corp. et al., 2016 FC 883
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Locke, J. |
| Court | Federal Court (Canada) |
| Subject Matter | PATENTS OF INVENTION |
| Date | 28 July 2016 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
40 practice notes
-
Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Water Treatments Limited v. SNF Inc., 2017 FCA 225 , 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883, 141 C.P.R. (4th) 329; Teva Canada Ltd. v. Pzer Canada Inc., 2012 SCC 60 , [2012] 3 S.C.R. 625 ; AbbVie Biotechnology Ltd. v. Canada (Atto......
-
Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...the common general knowledge of the POSITA is the claim date of August 1, 1996 (Pollard Banknote Limited v BABN Technologies Corp, 2016 FC 883 at para 153, 141 CPR (4th) 329). [82] This is one of the hotly contested issues in this litigation. Hospira placed considerable importance on this i......
-
Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...Life Science Ventures, LLC v Pfizer Canada ULC, 2020 FC 1, para 173; see also Pollard Banknote Limited v BABN Technologies Corp., 2016 FC 883, para 146; Amfac Foods Inc v Irving Pulp & Paper, Ltd (1986), 12 CPR (3d) 193 at 201-205 (FCA), paras 32-33). (2) Analysis (a) The 384 and 421 Pa......
-
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816
...Examiner found that such initial claims were invalid for claiming a method of medical treatment (Pollard Banknote v BABN Technology, 2016 FC 883 [Pollard]). Finally, the Defendants outline that the 684 Patent was listed against Lilly’s ADCIRCA product on the Patent Register, although ADCIRC......
Request a trial to view additional results
19 cases
-
Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Water Treatments Limited v. SNF Inc., 2017 FCA 225 , 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883, 141 C.P.R. (4th) 329; Teva Canada Ltd. v. Pzer Canada Inc., 2012 SCC 60 , [2012] 3 S.C.R. 625 ; AbbVie Biotechnology Ltd. v. Canada (Atto......
-
Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...the common general knowledge of the POSITA is the claim date of August 1, 1996 (Pollard Banknote Limited v BABN Technologies Corp, 2016 FC 883 at para 153, 141 CPR (4th) 329). [82] This is one of the hotly contested issues in this litigation. Hospira placed considerable importance on this i......
-
Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...Life Science Ventures, LLC v Pfizer Canada ULC, 2020 FC 1, para 173; see also Pollard Banknote Limited v BABN Technologies Corp., 2016 FC 883, para 146; Amfac Foods Inc v Irving Pulp & Paper, Ltd (1986), 12 CPR (3d) 193 at 201-205 (FCA), paras 32-33). (2) Analysis (a) The 384 and 421 Pa......
-
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816
...Examiner found that such initial claims were invalid for claiming a method of medical treatment (Pollard Banknote v BABN Technology, 2016 FC 883 [Pollard]). Finally, the Defendants outline that the 684 Patent was listed against Lilly’s ADCIRCA product on the Patent Register, although ADCIRC......
Request a trial to view additional results
17 firm's commentaries
-
Species Of Obviousness
...Nadon and Malone JJ.A. concurring), 59 C.P.R. (4th) 116, 366 N.R. 290 at para. 25. 17 Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883 (F.C. per Locke J.) at para. 18 Beloit Canada Ltd. v. Valmet Oy, (1986) 8 C.P.R. (3d) 289 (F.C.A. per Hugessen J.A.) at p. 294. 19 A variant......
-
Inconsistency Remains The Key To Unlocking The File History. The Federal Court Of Appeal Cautions Against An Over Broad Interpretation Of Section 53.1 In Bauer Hockey Ltd. v. Sport Maska Inc.
...made during prosecution were not admissible for the purpose of claim construction: Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883 at paras. 79-81. Without identifying the representation made by the patentee in the action, it may be difficult to determine whether that repre......
-
Inconsistency Remains The Key To Unlocking The File History. The Federal Court Of Appeal Cautions Against An Over Broad Interpretation Of Section 53.1 In Bauer Hockey Ltd. v. Sport Maska Inc.
...made during prosecution were not admissible for the purpose of claim construction: Pollard Banknote Limited v. BABN Technologies Corp., 2016 FC 883 at paras. 79-81. Without identifying the representation made by the patentee in the action, it may be difficult to determine whether that repre......
-
File wrapper estoppel in Canada
...Canada Inc v Mylan Pharmaceuticals ULC, 2015 FC 125 at para 154) More recently, in Pollard Banknote Limited v BABN Technologies Corp, 2016 FC 883, at para 80, the Court queried whether the rule against using extrinsic evidence in claim construction should be revisited in view of prosecution......
Request a trial to view additional results