- Action Concerning U.S. Patent Dismissed for Want of Jurisdiction
- June 22, 2017 | Authors: Adrian J. Howard; Beverley Moore; Chantal Saunders; Jillian Brenner
- Law Firm: Borden Ladner Gervais LLP - Ottawa Office
Sgromo v Scott et al., 2017 ONSC 2524
The Ontario Superior Court dismissed the within action for want of jurisdiction. The Plaintiffs claim, among other things, a declaration that the transfers of certain American patents were ineffective, a declaration that the patents belong to the individual plaintiff, a claim for disgorgement of profits made from the patents, and claims for injunctive relief. In coming to its conclusion to dismiss the action, the court dealt with the forum selection clauses in the various agreements at issue, jurisdiction simpliciter and prior arbitration, litigation and settlements in California.