Issue Of Personal Jurisdiction Over Crown Defendants Still In Play (Intellectual Property Weekly Abstracts Bulletin: Week 0f July 1, 2013)

Edited by Chantal Saunders and Beverley Moore IN THIS ISSUE

Patents

Issue of Personal Jurisdiction over Crown Defendants Still in Play

Safe Gaming Systems Inc. v. Atlantic Lottery Corporation, 2013 FC 217 Safe Gaming Systems commenced a patent infringement action in the Federal Court in respect of a patent that, according to the statement of claim, relates to methods in a computer system for monitoring, regulating and terminating the gambling activities of an individual. Two of the defendants brought a motion to strike out the action on the ground that the Federal Court lacks personal jurisdiction over them as agents of the Crown in right of the province of Nova Scotia, and the Nova Scotia's Proceedings Against the Crown Act requires that the action be brought in the Supreme Court of Nova Scotia. The Court noted that the Federal Court requires a statutory grant of power to exercise jurisdiction, and that the question of whether the Federal Court has jurisdiction over particular subject matter (e.g., patent infringement actions)...