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PATENTS - Application - Infringement - Defences to infringement - Procedure - Appeals

Thursday, October 26, 2017 @ 8:37 AM  

Appeal by Apotex from refusal of partial summary judgment. In 1989, the respondents, the Pfizer companies, filed an application in respect of the 132 Patent. The respondents did not claim small entity status, entitling it to a lesser application fee. Instead of paying the large entity fee of $700, the respondents paid the small entity fee of $300. In 1997, the respondents subsequently believed their error was in the amount of $50 and remitted it as payment. The Commissioner issued the 132 Patent in 1997. The...