PATENTS
Practice
Appeal from Pinard J.’s decision (2006 FC 1021) setting aside Prothonotary’s decision adding Novozymes A/S as respondent party in appeal filed by Genencor International pursuant to Patent Act, R.S.C., 1985, c. P-4, s. 48.5—Appeal dismissed—Although no reviewable error in conclusion Novozymes not proper respondent since not “party in the first instance” within meaning of Federal Courts Rules, SOR/98-106, r. 338(1)(a), Pinard J.’s reasons not entirely agreed with—Re-examination pursuant to Act, ss. 48.1 to 48.5 two-step process involving different parties—First stage involving requester, second stage involving patentee—Novozymes, as requester, could not participate in second stage of re-examination process.
Genencor International, Inc. v. Canada (Commissioner of Patents) (A-379-06, 2007 FCA 129, Desjardins J.A., judgment dated 28/3/07, 8 pp.)