In its decision ViiV Healthcare Company v Gilead Sciences Canada Inc. 2021 FCA 122 the Federal Court of Appeal has affirmed one of the first patent infringement actions to be heard by way of summary trial (discussed in our previous blog here) and, in doing so, offered clarity in the law pertaining to motions to quash summary judgment and summary trial motions themselves. This decision further solidifies the possibility of summary disposition in Canadian patent litigation.
In rare circumstances, "to stop...
