file wrapper estoppel | Brion Raffoul LLP

Throwback Thursday: CanMar and Foreign File Wrapper Estoppel

March 18, 2021 by Liz Gray

Look for Brion Raffoul’s Throwback Thursday posts, where we revisit posts and cases of interest! In December 2019, we reported on CanMar Foods Ltd. v TA Foods LTD (2019 FC 1233, “CanMar FC”). CanMar FC was the first case to look at Section 53.1 of the Patent Act–a …

File Wrapper Estoppel in Canada – How Far Are the Courts Willing to Go?

February 11, 2021December 4, 2019 by Brion Raffoul

Since the coming-into-force date of new section 53.1 of the Patent Act in December 2018, Canadian practitioners have been waiting to see how broad this “file wrapper estoppel” provision will be interpreted. Recently, the Federal Court released a decision that expands the scope of s. 53.1 to potentially …