Apotex Inc. v. Nycomed Canada Inc. 2012 FCA 195
Patents of Invention - Infringement actions - General - Indirect or contributory infringement
In patent infringement litigation a prothonotary ruled that the plea of “contributory infringement” in a statement of defence and counterclaim by Nycomed had to be struck as it was plain and obvious that it would fail. Nycomed appealed.
The Federal Court, in a decision reported  F.T.R. Uned. 878, dismissed the appeal. Nycomed appealed again.
The Federal Court of Appeal dismissed the appeal.