September 24, 2026 • 13:00 - 14:00

Patently Absurd, Episode 21: MOMT, FC revisits Gemak v. Jempak, and the “duty to innovate” in Canada

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Join Torys’ intellectual property lawyers for an informal discussion on all aspects of patent law. We’ll be analyzing the old, the new—and most definitely the absurd—in candid conversation, all while taking questions from the audience and welcoming special guests along the way.

Episode 21: MOMT, FC revisits Gemak v. Jempak, and the “duty to innovate” in Canada

In our September 2026 episode, Andy and Niki are back to regularly scheduled programming and will discuss the Supreme Court’s recent decision on the “old” prohibition on patents for methods of medical treatment. They will also ‘unpa(c)k’ the recent trial decision in Gemak v. Jempak, discuss the role of the expert testimony on issues of infringement and validity (and particularly the defence of insufficiency, applied for the first time since the SCC’s 2012 Viagra decision). Finally, they will be joined by Grant Worden to talk about the recent Canadian cases addressing the so-called “duty to innovate”, which may have implications for any company in the business of developing and commercializing innovative products.

  • Something Old: Methods of Medical Treatment at the Supreme Court of Canada
  • Something New: Gemak v. Jempak
  • Something Borrowed: The “duty to innovate” and product liability claims

This session will be presented in English.

Time: 9:00 – 10:00 a.m. ET Presentation | 8:45 a.m. ET Webinar opens

Ontario: This program is eligible for 60 Substantive minutes.
Québec: Consider including this program in your continuing education record with the Barreau du Québec.
Alberta: Consider including this course as a CPD learning activity in your annual CPD Plan as required by the Law Society of Alberta.
Nova Scotia: Consider including this program in your annual CPD Plan as required by the NSBS.
British Columbia: This course is eligible to be included by LSBC members in your annual continuing professional development education record with the Law Society of British Columbia, upon successful completion.

Be sure to check out the other sessions in this series over at torys.com/webinars.