Federal Court Overrules Supreme Court on Presumption of Validity

Author: Alexander Stack Professional Corporation |


Go read the post on this topic at Sufficient Description. It brings up an interesting topic - when courts review the validity of patents, does it have to comply with administrative law principles, or is it its own standard? Professor Siebrasse notes that Gauthier J. in Eli Lilly / cefaclor 2009 FC 991 essentially ruled that Supreme Court musing on this point was wrong, and agrees with Gauthier J.

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