Robitaille Equipment et al. v. 9125-6651 Quebec Inc. et al. , 2024 CF 743

Justice Gascon - 2024-05-15

Read full decision. Automatically generated summary:

"Under the terms of their motion, Plaintiffs now seek summary judgment in this case declaring that the admission relating to the '715 Patent invalidates that patent in rem or renders it, at a minimum, invalid inter partes or unenforceable against Plaintiffs. The Defendants respond that counsel Mr El Ayoubi did not have the mandate to recognize the invalidity of Patent 715 before the CSQ and that in any event, the dispute relating to Patent 715 still remains to be decided before this Court and must be done under the terms of a trial on the merits. For the reasons that follow, the Claimants' request will be granted. After reviewing the evidence in the record and the applicable law, I am of the opinion that the conditions required for the issuance of summary judgment are satisfied and that the Defendants have effectively waived their rights to the validity of the 715 Patent due to the judicial admission made during the trial held before the CSQ." [see 2021 QCCS 3405 and 2023 QCCA 874] (based on a translation)

Decision relates to:

  • T-1481-16 - USINAGE PRO-24 INC. ET AL. c. 9125-6651 QUÉBEC INC. ET AL.


Canadian Intellectual Property