Decision

Bessette c. Canada (Procureure générale), 2019 CF 393

Justice LeBlanc - 2019-04-02

Read full decision. Automatically generated summary:

This bifurcated trial decision relates to infringement of two patents, invalidity on the basis of obviousness, insufficiency of disclosure, utility and overbreadth. According to the individual inventor/plaintiff, the 794 Patent relates to a networked medical record system that came to him, he alleges, from his experience as an emergency physician at the University Hospital of Montreal [the CHUM] in the 90s. With respect to the 598 Patent, the plaintiff submits that, although it addresses the same issues as the 794 Patent, it focuses more specifically on a particular concept of automatic updating of the summary medical information contemplated by 794. The Court found most of the claims infringed, most of the claims valid, and found the plaintiff entitled to damages as well as reasonable compensation for the pre-grant period.

Decision relates to:

  • T-975-16 - LUC BESSETTE v. ATTORNEY GENERAL OF QUEBEC ET AL
  • A-122-19 - which is an appeal from this decision
  • T-975-16 - LUC BESSETTE v. ATTORNEY GENERAL OF QUEBEC ET AL
  • A-123-19 - which is an appeal from this decision

 

Canadian Intellectual Property