Wesley Gets Crushed: Alleged Copyright Pirate Found Guilty of Contempt of Court
The Federal Court recently held an individual guilty of contempt of court for disobeying an interlocutory injunction prohibiting the sale of pre-loaded... Read More
Apo-Esomeprazole Section 8 Action Dismissed Due to Infringement
Apotex Inc. v. AstraZeneca Canada Inc, is the Federal Court’s decision regarding Apotex’s section 8 action, and AstraZeneca’s related infringement action, in relation... Read More
Why Are We Here? Actual Loss Required For Trademark Damages
Clearview Plumbing & Heating Ltd. v. Clockwork IP, LLC is a trademark infringement action that proceeded to trial despite the parties agreeing that... Read More
Court Dismisses Career College Copyright Case As Time Barred
In 907687 Ontario Inc. (c.o.b. International Institute of Travel) v. Shokour, 2017 FC 969, the Federal Court found that the plaintiff did... Read More
No Cookies For You! – Federal Court Confirms Jurisdiction to Issue Split Decisions in Trade-mark Oppositions
In Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc., 2017 FC 806, Metro appealed a Trade-marks Opposition Board decision... Read More
Desvenlafaxine Polymorph Patent Not Obvious – Federal Court
The Federal Court simultaneously issued a pair of prohibition orders against Teva and Apotex in relation to the drug desmethyl-venlafaxine succinate, which... Read More
Venlafaxine Section 8 Damage Award Reaffirmed Upon Redetermination
Back in 2014, the Federal Court issued its judgment in Teva’s section 8 damages action in relation to the drug venlafaxine. On... Read More
Aitken Klee successful in Teva Olanzapine Section 8 Damages Case
The Federal Court recently issued its decision in Eli Lilly Canada Inc. v. Teva Canada Limited, 2017 FC 88, Teva’s action for... Read More
Hold Up or Hold Out? UK Court Addresses FRAND Licensing Of Essential Cellphone Patents
Unwired Planet International v. Huawei, [2017] EWHC 711 is a UK case regarding the FRAND royalty rates applicable to patents that are deemed... Read More
FCA Upholds Ruling That Health Canada Liable For Negligence And Misfeasance In A Public Office
In Apotex Inc. v. Canada, 2017 FCA 73, the Federal Court of Appeal dealt with various appeals from the finding that Health... Read More
Plea of Indirect Inducement Survives Motion To Strike
In Elbit Systems Electro-optics Elop Ltd. v. Selex ES Ltd., 2016 FC 1000, the Federal Court allowed part of a motion to... Read More
Back To The Stampede: Court Upholds Forum Selection Clause Requiring Copyright Action To Return to Alberta
In Bull Run Productions Inc. v. Wild TV Inc., 2016 NSSC 315 the Supreme Court of Nova Scotia upheld a forum selection... Read More
Prior Settlement Agreement Prevents Grey Marketing of Chocolate Bars
In Mars Canada Inc. v Bemco Cash & Carry Inc., 2016 ONSC 7201, the Ontario Superior Court of Justice granted summary judgment... Read More
Clash of the Pizzarias: Federal Court of Appeal Rejects Pizza Restaurant’s Trademark
In Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc., 2016 FCA 265, the Federal Court of Appeal allowed an opposition against... Read More
Hail, Caesar(stone)! TMOB’s Refusal To Consider Earlier Registration Of Related Goods Unreasonable
In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks... Read More
Times Up: Toronto Development Company Found to Infringe Trade-Mark
In Times Group Corporation v. Time Development Group Inc. the Court granted a declaration of trade-mark infringement and an order that the respondent... Read More
Federal Court of Appeal Rewrites Standard of Review
Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of... Read More
Federal Court Grants Order Bifurcating Apotex’ Section 8 Action
In Apotex Inc. v. Alcon Canada Inc., 2016 FC 720, Prothonotary Tabib granted Apotex’ motion for bifurcation of its section 8 action... Read More
Court Refuses to Bifurcate Section 8 Counterclaim from Olopatadine Infringement Action
In Alcon Canada Inc. v. Apotex Inc., 2016 FC 898, Prothonotary Tabib dismissed Alcon’s motion to bifurcate its infringement action from... Read More
Pre-Loaded Prevention: Interlocutory Injunction Restrains Sale of Television Plug-and-Play Boxes
There is an emerging phenomenon in the Canadian market of pre-loaded “plug-and-play” set-top. The boxes have several legal uses, such as effectively... Read More
Crown’s ownership of copyright sinks land surveyor’s class action
The Superior Court of Justice has dismissed a long-running class action by Ontario’s land surveyors against Teranet, the private company that manages... Read More
Court prefers blinded expert in ophthalmic drug patent dispute
In Allergan Inc. v. Apotex Inc, 2016 FC 344, Allergan sought a prohibition order against Apotex in relation to its gatifloxacin ophthalmic... Read More
Federal Court cannot by its own motion punt copyright claim to more convenient forum
In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2014 FC 1139, the Federal Court dismissed the plaintiff’s claims of copyright and... Read More
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International... Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)... Read More