NOV Downhole Eurasia Limited v TLL Oil Field Consulting 2015 FCA 106 Nadon JA: Dawson,
Boivin JJA aff’g 2014 FC 889 Mosley J
2,255,065
In a brief decision from the bench the FCA has affirmed Mosley J’s refusal to strike a statement
of defence asserting that the '065 patent was void pursuant to s 53(1) as a result of statements
regarding claim scope made during prosecution. As discussed here, this case raises important
issues regarding the relationship between s 53 and prosecution history estoppel, though of course
these issues are not resolved by a motion to strike.
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