Erin Creber

The applicant, CAE Inc., the sole owner of Canadian Patent No. 3,000,463, applied under section 52 of the Patent Act to amend the patent's inventorship to add two co-inventors omitted by inadvertent error.

The omitted inventors contributed to the invention, assigned their rights to the applicant, and consented to the addition.

The Commissioner of Patents took no position.

The Court found the omission was a mistake made without intent to mislead and ordered the Commissioner of Patents to vary the records to add the co-inventors.

In a patent infringement action between hockey equipment manufacturers, the parties brought cross-motions to exclude various expert reports.

The Court dismissed the defendant's motion to exclude a report under Rule 248, finding the expert relied on disclosed documents.

The Court granted the defendant's motion to strike the plaintiff's expert reply report on reasonable royalty as improper reply.

The Court exercised its discretion to admit another expert reply report on accounting for profits.

The plaintiff's motion to strike portions of the defendant's responding and reply reports was dismissed.