Where Does Infringement Arise? Untangling the Knot of Patent Infringement Limitation Periods.

The article discusses a recent court case in which JL Energy Transportation Inc. was granted leave to argue on appeal that a previous decision should be reconsidered. JL Energy is appealing the dismissal of its claim for patent infringement and breach of licensing agreements. The court held that JL Energy's claim was time-barred under the two-year limitation period in Alberta's Limitations Act. The article explores the issues of which limitation period applies to patent infringement claims and whether patent infringement is subject to a rolling limitation period. The outcome of the appeal will provide guidance in these areas. [Extracted from the article]