A year in review of Health Canada’s Access to Information matters
On November 7, 2023, Health Canada released its annual report on the Access to Information Act and Privacy Act, reporting on the... Read More
Plaintiffs that Stand Together Win Together: Entitlement to Claim Under the Patentee
Following its decision that Munchkin Inc. had infringed the Plaintiffs’ patents for diaper pails and cassettes (see 2022 FC 507), the Federal... Read More
Two-for-One Deal – A Successor Second Person Can Adopt the Original NOA
The Federal Court dismissed a judicial review by Bayer Inc. and Regeneron Pharmaceuticals, Inc. of the Minister of Health’s decision allowing Biosimilar... Read More
Long-Term Safety Data ≠ Longer Patent List for STELARA
The Federal Court upheld a decision of the Office of Submissions and Intellectual Property that Canadian Patent No. 3,113,837 was not eligible... Read More
SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him... Read More
Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented... Read More
Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2
As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and... Read More
FCA finds that data protection does not prevent a competing amifampridine product
The Federal Court Appeal has reversed the decision of Justice St-Louis (2022 FC 292) quashing the Minister of Health’s decision to issue... Read More
Relief from the implied undertaking required before varying a confidentiality order
The Federal Court found it was inappropriate to vary the Protective and Confidentiality Order in the original action brought by Janssen against... Read More
Sandoz’s Choice: Extend the Statutory Stay and Adjourn Trial or Forego New Invalidity Defences
The Federal Court granted Sandoz Canada Inc. leave to amend its Statement of Defence in an action under the Patented Medicines (Notice... Read More
To Market, To Market, or the Regulations Will Not Apply
The Federal Court dismissed two applications for judicial review by AbbVie Corporation, who challenged the Minister of Health’s decisions (1) finding JAMP... Read More
The Puck Drops Here: A Dynamic Site-Blocking Order Granted for the NHL Playoffs
In Rogers Media Inc., nine television networks who hold copyright in NHL games have successfully obtained a “dynamic” site-blocking order against unidentified... Read More
Lump Sum Costs? Ça “Dépens”!
Justice Grammond awarded Vidéotron Ltée and Groupe TVA inc. costs according to the Tariff after their success in 2022 CF 256, finding... Read More
An Illuminating Decision on Induced Infringement from the Federal Circuit
Background The Court of Appeals for the Federal Circuit reversed the District Court of Delaware’s decision holding Roche Diagnostics Corporation induced infringement... Read More
Everyone Gets a Slice, But No One Controls the Milano Pizzeria Trademark
The Federal Court has expunged Milano Pizza Ltd’s Canadian Trademark Registration TMA571,114 for MILANO PIZZERIA & Design: Milano Lost Control of Its... Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for... Read More
In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a... Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird... Read More
Trademark Must-Haves: Clean Underwear and Supporting Evidence
Fruit of the Loom successfully appealed a decision from the Registrar of Trademarks finding no likelihood of confusion between its registered mark,... Read More
Lululemon “high quality replicas” result in a tight bind
The Federal Court reviewed first principles applicable to remedies for trademark infringement for counterfeit goods in an uncontested summary trial. The defendants... Read More
Federal Circuit Applies On-Sale Bar to Offer for Sale of Catheter Introducer
The United States Court of Appeals for the Federal Circuit has reversed the decision of the US District Court for the Eastern... Read More