On to the next round: Some of Apotex’s claims for being kept off the sildenafil market survive motion to strike
In Apotex Inc. v. Pfizer Ireland Pharmaceuticals et al., 2016 ONSC 4966, Pfizer was looking to strike out claims brought against it... Read More
Declaration of Patent Ownership Does Not Crystallize for SALT Canada
On July 20, 2016, Justice Boswell released his Judgment and Reasons in SALT Canada Inc. v. John W. Baker, 2016 FC 830,... Read More
Charity not a “public authority” for purposes of official marks
On July 11, 2016 Justice Russell granted Starbucks (HK) Limited’s (not the coffee maker) application to review and set aside the Registrar’s... Read More
Code Words Result In NOA Insufficiency
In Bayer Inc. v. Fresenius Kabi Canada Ltd., Justice Brown of the Federal Court granted Bayer’s prohibition application relating to the drug moxifloxacin... Read More
AstraZeneca’s Attempt to Vary Judgment Based on Subsequent Finding of Infringment Rejected
In 2012, Justice Hughes held that Apotex was entitled to section 8 damages by reason of AstraZeneca’s unsuccessful prohibition application in respect of... Read More
NOV Downhole Fails to Pierce the Corporate Veil
In NOV Downhole Eurasia Limited v. TLL Oilfield Consulting Ltd., 2016 FC 685, NOV appealed an Order of Prothonotary Milczynski (acting in... Read More
Dude, That’s Not Your Code: Claim for Computer Authorship Denied
In Andrews v McHale, 2016 FC 624, Justice Southcott dismissed an application for declaratory relief and damages for alleged copyright infringement and... Read More
Court Re-affirms the Importance of Affidavit Evidence on a Motion for Particulars
On April 5, 2016 Justice LeBlanc released his Order and Reasons in Stryker Corporation v. Umano Medical Inc., 2016 FC 378. The... Read More
Hey Trademark Infringer You’re No Friend of Mine – Mister Transmission obtains injunction against Master Transmission
Responsive Brands operates throughout Canada as “Mister Transmission”. Responsive Brands is the owner of Canadian Trademark 239,868 for MISTER TRANSMISSION registered in... Read More
Copycat Caught – Fair dealing is no defence when 100% of work is copied
On March 8, 2016, Justice Manson held that PS Knight Co Ltd infringed copyright in the Canadian Standards Association’s 2015 CSA Code.... Read More
Fears and Tears Insufficient to Warrant Interim Injunction
On March 24, 2016, Justice Russell dismissed TearLab’s motion for an interim injunction that sought to prevent I-Med Pharma Inc. from marketing... Read More
Keep it Together: Federal Court Upholds Decision Refusing Bortezomib Bifurcation
On March 15, 2016, Justice Diner of the Federal Court released his Order and Reasons in Teva Canada Limited v. Janssen Inc.,... Read More
Patent Listing Redux – Perfect Match Again Required
In Gilead Sciences, Inc. v. Canada (Health), Justice Heneghan of the Federal Court granted Apotex’s motion and concluded that Canadian Patent No.... Read More
Absent de facto prejudice, pleading amendments will ‘almost always’ be in the interests of justice
On January 29, 2016, Justice Barnes of the Federal Court released the Order and Reasons in Canplas Industries Ltd. v. Airturn Products... Read More
Real and Substantial – Connection to B.C. sufficient for Canadian Olympic Committee to maintain action against North Face
On February 16, 2016, Justice Dillon dismissed an application by VF Outdoor Inc. (“VF USA”) to dismiss or stay the action brought... Read More
LINGAYEN Trade-mark Cannot Be Preserved – Court of Appeal Clarifies Test for Marks Descriptive of Place of Origin
MC Imports Inc. appealed a decision of the Federal Court that invalidated its trade-mark for LINGAYEN in association with Filipino food products... Read More
Failure to Disclose Public Servant Status Will Not Void a Patent
On February 5, 2016 Justice Boivin (writing on behalf of the Court of Appeal) released the reasons for judgment in Brown v.... Read More
SUPERSHUTTLE Trade-mark Stops Here – Registered Services Must be Performed in Canada
In July 2014, the Trade-marks Opposition Board concluded that Supershuttle International Inc. had not used its registered trade-mark SUPERSHUTTLE in Canada. The mark... Read More
Federal Court allows application to correct ownership after inadvertent error in assignment of patent rights
On January 19, 2016 Justice Shore granted an application under section 52 of the Patent Act to vary all entries in the... Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application... Read More
Large security for costs upheld in Alberta multi-defendant copyright action
In Geophysical Service Incorporated v Encana Corporation, Justice Strekaf of the Court of Queen’s Bench of Alberta heard an appeal by GSI... Read More
Federal Court of Appeal upholds prohibition application dismissal under s. 6(5)(b) of the NOC Regulations
Bayer Inc. et al., v. Fresenius Kabi Canada Ltd., 2016 FCA 13 Bayer appealed the dismissal of its application for a prohibition... Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha... Read More
Un-Metatag Me! Copying metags found non-infringing by FCA
In Red Label Vacations Inc. v. 411 Travel Buys Ltd., 2015 FCA 290, the Federal Court of Appeal upheld a decision of... Read More
Claims under the Trade-marks and Competition Acts insufficient basis to stay Ontario defamation action
On December 22 2015, Justice Perell dismissed a motion to temporarily stay a defamation action in the Ontario Superior Court of Justice... Read More