Case Comment

Windsurfing Int'l Inc. v.
Les Entreprises Hermano Ltée

citation(s): (1982), 69 C.P.R. (2d) 176 (F.C.T.D.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 181:

"The onus, which was on the appellant, can therefore be put as follows: applying the tests applicable to the pleas of anticipation and obviousness, which are not easy tests to meet as we shall see, did the appellant prove, on the usual standard of balance of probabilities, that the Patent was invalid as having been anticipated or as being obvious?"


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