Publication
title
"But I Didn't Know": Monsanto v. Schmeiser and Knowledge of Patent Infringement
DATE
July 1, 2004
EXPERTISE
The recent ruling of the Supreme Court of Canada in Monsanto v. Schmeiser (2004 SCC 34), a patent infringement case, received much attention in the general media. This 5-4 decision is of particular interest to those in the life science industries because it confirms the patentability and broad scope of claims to genes and cells. The case is of wider interest because it contains an important discussion of the issue of patent infringement, specifically the concept of use of a patented invention by an innocent (unknowing) infringer.
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Daniel S. Drapeau
ddrapeau@ogilvyrenault.com
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Nicolas Sapp
nsapp@ogilvyrenault.com
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Kenneth Sharpe
ksharpe@ogilvyrenault.com
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Randy C. Sutton
rsutton@ogilvyrenault.com
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