Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include... Read More
Not Trading Places: Federal Court Clarifies the Role of the Attorney General on Judicial Review Applications
The Federal Court recently clarified the role of the Attorney General of Canada (AGC) on applications for judicial review. The AGC has... Read More
FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal... 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
Despite Defendants’ Arguments, Plaintiffs Entitled to Permanent Injunction for Infringement by Previous Generations of Defendants’ Products
In Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111, the Federal Court examined the plaintiffs’ entitlement to injunctive relief, entitlement to... Read More
Complex Proceedings ≠ Complex Accounting: When to Deny the Accounting of Profits Remedy
Angelcare Canada Inc. v Munchkin Inc., 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement... Read More
No Entitlement to Punitive Damages for Infringing Compatible Products
Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement... Read More
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal... Read More
Manufacturer added as a defendant in action against end users
Ecobee, a manufacturer of smart thermostats, successfully moved to be added as a defendant to a patent infringement action by Seismotech against... Read More
Vacuum Wars and Trademark Troubles: VPC Fails to Obtain Interlocutory Injunction
In 2572495 Ontario Inc. v. Vacuum Specialists (1985) Ltd., Justice Pentney of the Federal Court dismissed a motion for an interlocutory injunction... Read More
Leave Granted to Amend Statement of Defence and Includes Bases of Invalidity not Contained in Notice of Allegation
In Boehringer Ingelheim (Canada) Ltd v JAMP Pharma Corporation, 2023 FC 1414, Associate Judge Cotter of the Federal Court granted JAMP’s motion... Read More
Associate Judge Allows Extension of Time to Complete Inter Partes Testing
In Gilead Sciences, Inc v JAMP Pharma Corporation, 2023 FC 1141, Associate Judge Crinson of the Federal Court granted a motion for... Read More
Federal Court of Appeal Strikes Down “Test” for Patentability of Computer-Implemented Inventions
Attorney General of Canada v Benjamin Moore & Co., 2023 FCA 168 concerned the appeal of Federal Court decision 2022 FC 923.... 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
FCA Confirms Obviousness of Lilly’s Tadalafil Patent
In Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, Justice St-Louis held that the asserted claims of Lilly’s Patent... Read More
But-For Result in Prohibition Proceeding Does Not Give Rise to Section 8 Claim for Damages
The Ontario Superior Court recently dismissed a claim for damages brought by Apotex under section 8 of the Patented Medicines (Notice of... 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
Enough (evidence) is enough: Redactions to invoices no barrier to lump sum costs award
In Eli Lilly v Apotex, Justice St-Louis awarded Apotex its costs in a patent action involving the drug tadalafil and three patents... Read More
Lack of Success is Not Evidence of Bias
Christopher Johnson, a self-represented Plaintiff, commenced a copyright infringement action in November 2021 against several defendants, including the Canadian Tennis Association (“Tennis... 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
Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking
In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order.... Read More
Equitable Remedies not in the Program for Rovi Guides
The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1)... 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