Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance... Read More
The Requirement to Consider Fresh Evidence on Trade-Marks Appeals
Cathay Pacific Airways Limited v Air Miles International Trading B.V., 2015 FCA 253 addressed the issue of fresh evidence on appeals relating... Read More
Web Design Contract Includes Implied Copyright License
Mathieu-Crochetière Brousseau v. 9107-0234 Québec Inc. (Grattex), 2015 FC 1219 was a failed action for copyright infringement of a computer program. The... Read More
On the Wrong Side of the Law: Defendant Who Ignored Court Order to be Sentenced for Contempt
The Supreme Court of British Columbia recently found an individual in contempt for breaching confidentiality obligations and for failing to pay a... Read More
The Wrath of Chanel: Federal Court awards $250,000 in Punitive Damages for Repeated Trade-Mark Infringement
An action brought by Chanel for the infringement and passing off of various trade-marks was disposed of via summary trial. In Chanel... Read More
Objections without merit: Federal Court takes stance against “under advisements”
In MediaTube v Bell, an action alleging infringement of the plaintiffs’ patent by Bell’s Fibe TV systems, discovery of the plaintiffs entailed... Read More
A novel claim for damages under centuries-old monopolies legislation survives motion to strike
A claim by Apotex in the Ontario Superior Court pursuant to the English Statute of Monopolies (which was enacted in 1624) and... Read More
Drugs and Deference: Federal Court Confirms Reasonableness Standard for OPML’s Scientific Findings
Photocure ASA filed a new drug submission for CYSVIEW and requested that it be qualified as an “innovative drug” in order to... Read More
Injunction denied for failing to identify misused confidential information
In JTT Electronics Ltd. v. Farmer, the plaintiffs sought interlocutory injunctions to prohibit former employees from using their confidential information. The application... Read More
Back on Track: Federal Court of Appeal gives the green light to Teva’s section 8 claim for ratio-amlodipine
Pfizer brought a motion to strike Teva’s claim in T-1194-12, for damages under section 8 of the PM(NOC) Regulations in its entirety... Read More
Three strikes and you’re out? – Federal Court confirms subway TV patent is obvious
The Commissioner of Patents has thrice considered Patent Application No. 2,286,794 for the invention entitled “Subway TV Media System”. The patent application... Read More