Case Comment

DeFrees and Betts Machine Co. v.
Dominion Auto Accessories Ltd.

citation(s): 25 Fox Pat. C. 58 (per Noel J.) (Exchequer Court of Canada)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p.79

"I do believe that whether the presumption of validity is a heavy or easy one to displace remains a question of fact in each case although I must say that in patent matters it would seem that as the alleged infringer has the burden of not only attacking the validity of the patent in issue, but of also placing the judge in the position of a man skilled in the prior art. It is not too surprising that the President of this Court has stated on numerous occasions that the onus is not an easy one to discharge."


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