David LaFontaine

[co-author: Pasha Kulinich]* A recent ruling by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation provides critical clarification on three key aspects of Canadian patent law: claim construction, obviousness-type double patenting, and the proper approach to awarding lump-sum costs. This decision offers important guidance on interpreting claim scope, assessing patentable distinctiveness under the first-to-file regime, and ensuring procedural fairness in cost awards.

A recent ruling by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation provides critical clarification on three key aspects of Canadian patent law: claim construction, obviousness-type double patenting, and the proper approach to awarding lump-sum costs. This decision offers important guidance on interpreting claim scope, assessing patentable distinctiveness under the first-to-file regime, and ensuring procedural fairness in cost awards.