“If I Can’t Have it, No One Can” Argument Raised Too Late
On October 14, 2014, Justice Mactavish of the Federal Court of Canada dismissed an application for judicial review of a Trademarks Opposition... Read More
Apotex Challenges Minister’s Refusal To Approve Apo-rasagiline
Apotex is seeking judicial review of a decision to decline to issue a Notice of Compliance (“NOC”) to Apotex for its Apo-rasagiline... Read More
A Light at the End of the Tunnel: Apotex Entitled to Damages for Non-Canadian Reference Product Test Case
On November 18, 2014, Justice Hughes of the Federal Court of Canada found the Crown liable in tort for damages to Apotex... Read More
SPIRIT BEAR Official Mark Goes Into Hibernation
On September 24, 2014, Justice Martineau of the Federal Court of Canada found that official marks for SPIRIT BEAR were unenforceable. Official... Read More
Pleading of wilful misrepresentation in prosecution history survives motion to strike
On September 17, 2014, Justice Mosley of the Federal Court of Canada allowed an appeal of an Order of Prothonotary Milczynski (see... Read More