The Federal Court of Canada refused to summarily dispose of a patent infringement proceeding as it was not satisfied it would assist with the efficient resolution of the action. The Court held there was insufficient evidence to adjudicate the issues and it was unjust to decide the issues summarily. The Court noted the moving parties had “not presented a sufficiently narrow and well-defined non-infringement issue that is suitable for summary adjudication” and held that where there are “serious issues with respect to the credibility of witnesses”, cases should generally go to trial.
Noco Company, Inc. v. Guangzhou Unique Electronics Co., Ltd., 2023 FC 208