Plea for contributory infringement struck as not a cause of action

Nycomed Canada Inc. v. Teva Canada Limited

The Court of Appeal found no error in the decision of the Court that contributory infringement is not a cause of action. The Court had struck this plea in the statement of defence and counterclaim on the basis that it was plain and obvious that the plea would fail. A copy of the Federal Court decision can be found here. A copy of our summary can be found here. The Court of Appeal dismissed the appeals.