A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent... 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
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent... Read More
Federal Court Dismisses Trade Mark Infringement Suit: No Actual Confusion of Co-Existing Marks
In Scott Technologies, Inc. v. 783825 Alberta Ltd., 2015 FC 1336, Justice Zinn dismissed all of the plaintiff’s allegations of trademarks infringement... Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead... Read More
Minor procedural mistake should be fixed, not fought
In Canadian Copyright Licensing Agency (Access Copyright) v. Alberta, 2015 FC 268, the Court of Appeal provided guidance on how parties should... Read More
Unauthorized changes to translation breaches contract but not moral rights
On November 17, 2015 Justice Hamilton of the Superior Court of Quebec released his judgment in Desgagné v. Group Ville-Marie Litterature Inc.,... Read More
25 Year Old Action Dismissed for Inordinate Delay
On November 9, 2015, Justice Penny of the Ontario Superior Court of Justice granted a motion under Rule 24.01(c) of the Rules... Read More
Getting Some SWAGGER Back
In Anashara v. Swagger Publications Inc., 2015 FC 1241, the Applicant appealed the decision of the Registrar of Trade-marks’ delegate to expunge... Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of... Read More
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The... Read More
Quebec Court Shines Light on LED Trade-mark Ownership
In 6766285 Canada Inc c. 2900319 Canada Inc., 2015 QCCS 5143, Justice Courchesne of the Quebec Superior Court held that Divvali was... Read More
Going Down Swinging: Idenix’s Counterclaim for Infringement and Invalidity Dismissed as Own Patent Held Invalid
On November 2, 2015 Justice Annis released a 326-page decision holding that Canadian Patent No. 2,490,191 invalid (2015 FC 1156; see our... Read More
The Best Defence Is A Good Offence: Gilead Invalidates Patent Threatening its SOVALDI Product
On November 2, 2015 Justice Annis released a 326-page decision holding that Canadian Patent No. 2,490,191 is invalid (2015 FC 1156). Gilead... Read More
Post-filing Amendments are Subject to Data Protection
In Hospira Healthcare Corporation v. The Minister of Health, Attorney General of Canada and Sanofi-aventis Canada Inc., Hospira was unsuccessful in its... Read More
Stand on ENVIRO-GUARD; Tiger’s trade-mark opposition denied
In Tiger Calcium Services Inc. v. Compass Minerals Canada Corp., 2015 FC 1257, Justice McDonald upheld the TMOB’s decision to reject Tiger’s... Read More
Cinacalcet Compound Patent Obvious and Anticipated
In Amgen Canada v. Mylan Pharmaceuticals ULC, 2015 FC 1244, a prohibition application under the PM(NOC) Regulations, Justice Phelan recently held that... Read More
Time for a Change – Federal Court Confirms that it can Amend the Inventorship and Ownership of a Patent after it is Issued
On October 28, 2015 Justice LeBlanc released his judgment and reasons in Imperial Oil Resources Ltd. v. ExxonMobil Upstream, 2015 FC 1218,... Read More
Speed Queen mark suffers quick end – Trade-mark expunged on appeal
Alliance Laundry Systems LLC v Whirlpool Canada LP, 2015 FCA 232 In a decision from the bench, the Federal Court of Appeal... Read More
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since... 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 solid ground: Court finds Fusion Pro marks not confusing
Justice Gleason of the Federal Court held that trade-marks containing the word “Fusion” were not likely to be confusing with trade-marks containing... Read More
Court straightens out scope of orthodontic patent
In Orthoarm Inc v GAC International LLC, 2015 ONSC 5097, Justice Matheson of the Ontario Superior Court held that certain orthodontic brackets... Read More
Do ask, still don’t get – $2000 awarded on Bill of Costs seeking more than $400,000
Teva Canada Limited and Sanofi-Aventis Canada Inc have duelled over Teva’s generic ramipril product in various proceedings, including an NOC proceeding, an... 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