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Sandisk asks Supreme Court of Canada to re-instate patent application

M-Systems Flash Disk Pioneers, owned by Sandisk, has filed an application with the Supreme Court of Canada seeking leave to appeal the Federal Court of Appeal decision (previously discussed on this blog). That decision confirmed that M-System’s patent application was dead due to the applicant failing to respond in full to an Examiner’s requisition.

The appeal on behalf of M-Systems was filed by Ron Dimock of Dimock Stratton. The case below was argued by Francois Grenier of Robic.

The case is M-Systems Flash Disk Pioneers Ltd. v. The Commissioner of Patents (Attorney General of Canada), SCC Docket #34275

Update: the Supreme Court of Canada denied with costs Sandisk’s leave to appeal. Having exhausted all appeals, the patent is now irretrievably dead.

  • 8 months ago
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A blog about patents, trademarks, and copyright, with an emphasis on Canadian law.
Edited by Toronto lawyer Yuri Chumak.


Yuri is a lawyer, patent agent and trademark agent with expertise in computer science. He practices law with the Toronto IP group of a national law firm. Learn more about Yuri and the range of legal services offered.


Disclaimer: for general information purposes only. Opinions my own. Not legal advice.

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