2 total
Patent infringement action dismissed; asserted claims invalid for overbreadth and not infringed.
The plaintiff sued the defendant for patent infringement regarding its auto-injector patent.
The defendant counterclaimed for a declaration of invalidity.
The Federal Court found that the asserted claims were invalid for overbreadth, as they failed to include essential elements of the invention.
Certain claims were also found to be anticipated by prior art or obvious.
Furthermore, the Court concluded that even if the claims were valid, the defendant's device did not infringe them.
The action was dismissed, and the counterclaim for invalidity was allowed.
Statutes of Monopolies claims struck as premature pending Federal Court declaration of patent invalidity.
The defendants, originator pharmaceutical companies, brought a motion to strike portions of the plaintiff generic manufacturer's statement of claim, or alternatively for particulars.
The plaintiff sought damages under section 8 of the PMNOC Regulations and the Statutes of Monopolies for delayed market entry due to an allegedly invalid patent.
The court struck the Statutes of Monopolies claims as premature because the plaintiff had not yet obtained an in rem declaration of invalidity from the Federal Court.
The court also struck 'basket clause' claims but allowed claims against a related corporate entity and allegations of an anti-competitive product switching campaign to proceed.
Particulars were ordered for claims of lost sales, profits, and business opportunities.
