Elea v Simplot

We successfully represented Elea on this appeal.

J.R Simplot, the defendant in a patent infringement action brought by McCain, had issued a third party claim against Elea, alleging that Elea was responsible for any damages that Simplot may be required to pay to McCain, alleging that Elea had induced any infringement by Simplot and that Elea had provided a contractual indemnity to Simplot for any infringement.

In this important decision, the Federal Court of Appeal agreed with Elea that allegations of inducing infringement are only available to patentees, not to alleged infringers. The Court of Appeal also agreed that any claim with respect to contractual indemnity is outside of the jurisdiction of the Federal Courts..