Swist v. Meg Energy Corp., 2022 FCA 118

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2022 FCA 118
Date20 June 2022
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3 practice notes
  • Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
    • Canada
    • Federal Court (Canada)
    • February 7, 2024
    ...the disclosure of advantages of the subject-matter of the claims is not necessary for a finding of anticipation: Swist v MEG Energy, 2022 FCA 118 at paras [156] Dr. Armstrong was provided with legal instructions that incorrectly advised him that for anticipation “[e]very element of t......
  • AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
    • Canada
    • Federal Court (Canada)
    • December 4, 2023
    ...elements of the dependent claim which were not in dispute. The Federal Court of Appeal upheld this principle in Swist v MEG Energy Corp, 2022 FCA 118, again re-stating that, “where the first instance court correctly determines the validity of the dependent claims rests on the inventi......
  • Federal Court Of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent
    • Canada
    • Mondaq Canada
    • June 27, 2022
    ...appeal and was awarded costs. The Appellants had previously been ordered to pay $537,190.76 into Court as security for costs. Footnotes 1. 2022 FCA 118 2. Swist v. MEG Energy Corp., 2021 FC 10. 3. Corlac Inc. v. Weatherford Canada Ltd., 2011 FCA 228 at paras. 21-35. 4. Swist at para. 22. 5.......
1 cases
  • AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
    • Canada
    • Federal Court (Canada)
    • December 4, 2023
    ...elements of the dependent claim which were not in dispute. The Federal Court of Appeal upheld this principle in Swist v MEG Energy Corp, 2022 FCA 118, again re-stating that, “where the first instance court correctly determines the validity of the dependent claims rests on the inventi......
1 firm's commentaries
  • Federal Court Of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent
    • Canada
    • Mondaq Canada
    • June 27, 2022
    ...appeal and was awarded costs. The Appellants had previously been ordered to pay $537,190.76 into Court as security for costs. Footnotes 1. 2022 FCA 118 2. Swist v. MEG Energy Corp., 2021 FC 10. 3. Corlac Inc. v. Weatherford Canada Ltd., 2011 FCA 228 at paras. 21-35. 4. Swist at para. 22. 5.......

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