Where there is an existing provincial court action over the same patent, a concurrent Federal Court action may not be stayed if patent validity may be an issue and the patent holder does not consent to the expungement of the patent registration in the event that the alleged infringer establishes invalidity in the provincial trial.
For the full decision, visit:
http://decisions.fct-cf.gc.ca/fct/2003/2003fct745.html
Summary by: Nicholas J. Whalen
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