Gemak v. Jempak, 2020 FC 644

Justice Lafrenière - 2020-05-26

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Gemak alleges that Jempak has infringed certain claims in ‘428 Patent and '069 Patent, collectively referred to as “the Patents”. ... Jempak submits that once the terms “encapsulating” or “encapsulates” and “blend” are properly construed, it is uncontested that Jempak’s products do not contain CMC in the blend that encapsulates the percarbonate and that there is no infringement. It therefore brings the present motion for summary judgment to dismiss Gemak’s action. ... This Court has been generally reluctant to grant summary judgment in patent infringement actions, largely because such proceedings depend on the assessment of expert evidence and the credibility of the expert witnesses. However, in this case, there is no substantial conflict of opinion evidence. ... Gemak was required to set out specific facts and adduce evidence showing that there is a genuine issue for trial. It failed to do so. In the circumstances, I conclude that the motion for summary judgment is granted. (DLA Piper represented the successful defendant)

Decision relates to:



Canadian Intellectual Property