Gemak Trust v. Jempak Corporation, 2022 FCA 141
Justice Mactavish; Justice Gleason; Justice Roussel - 2022-08-04
Read full decision. Automatically generated summary:
GEMAK is the owner of two patents claiming dishwasher and laundry detergent compositions. In a decision reported as 2020 FC 644, the Federal Court granted summary judgment dismissing GEMAK’s action for patent infringement against Jempak. ... For the reasons that follow, I have concluded that the Federal Court did in fact err in making credibility findings that were not open to it on a motion for summary judgment. These findings affected the Court’s appreciation of the evidence before it, in particular, evidence with respect to the construction of the term “blend encapsulating” on which the Federal Court’s non-infringement finding rests. This Court’s finding on this issue is thus determinative of the appeal. However, the Federal Court also erred in its understanding of what constitutes “common general knowledge”, and in assessing the evidence relating to the testing of Jempak’s detergent products. Consequently, I would allow the appeal, set aside the judgment of the Federal Court, and direct that the matter proceed to trial.
Decision relates to:
- A-158-20 - GEMAK TRUST BY ITS TRUSTEES ET AL. V. JEMPACK CORPORATION ET AL which is an appeal from a decision dated 2020-06-05 in T-1288-18
- A-165-20 - GEMAK TRUST BY ITS TRUSTEES ET AL. v. JEMPAK CORPORATION ET AL. which is an appeal from 2020 FC 644 in T-1288-18