Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA
On September 18, 2017, the Federal Court of Appeal released its decision in BMS’ appeal of a decision dismissing its prohibition application... 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
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U... Read More
Triple Multiplier Applied to Lump Sum Tariff Award to Dow in Patent Infringement Action against Nova
On August 8, 2017, Justice Fothergill issued his Order and Reasons awarding Dow lump sum costs in excess of $4.3 million dollars... Read More
Court of Appeal Reaffirms Filing Date As Relevant Date for Assessing Sufficiency of Disclosure
On July 24, 2017, the Federal Court of Appeal released its Reasons for Judgement in Idenix’s appeal involving the drug sofobuvir, the... Read More
Should I Stay Or Should I Go? Federal Court Stays Re-Examination In Light Of Invalidity Action
On October 6, 2016, Justice Roy granted Camso’s motion to stay the re-examination of Camso’s 562 Patent until final judgment is rendered... Read More
Supreme Court upholds worldwide injunction against Google
In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its... Read More
Abusive Patent Infringement Claim Dismissed by Federal Court
In Mostar Directional Technologies Inc. v. Drill-Tek Corporation and Drill-Tek MWD Services Ltd., Mostar claimed patent infringement and inducement. Mostar provides drilling... 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
Notice and Notice: ISPs May Only Charge Reasonable Fees For Disclosing Identities Of Suspected Copyright Infringers
Sections 41.25 and 41.26 of the Copyright Act allow copyright owners to send notices of infringed copyright to ISPs, such as Rogers.... 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
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of... 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
Court of Appeal Clarifies Meaning Of “Inventive Concept”
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal from a Judgment of the Federal Court... Read More
Plavix 1’s “Inventive Concept” Did Not Change the Definition Of Obviousness – Federal Court of Appeal
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal of a Judgment dismissing a prohibition application... Read More
Teva Successful In Pregabalin Section 8 Damages Case Against Pfizer
On March 30, 2017 Justice Phelan issued his Public Reasons for Judgment awarding Teva damages under section 8 of the PM(NOC) Regulations... Read More
What Do You Really Get When You Acquire Copyrighted Materials Through Foreclosure?
AAAI is an architecture firm that developed plans for a building project called “Murray’s Walk” for MWDL. In April 2009, AAAI filed... Read More
Nintendo Wins $12.7M+ Damages for Digital Lock Circumvention
On March 1, 2017, Justice Campbell released his Judgment and Reasons in Nintendo v. Go Cyber Shopping. Nintendo was wholly successful in... Read More
Crash Landing: Court Awards Damages Of $1.5 Million In Helicopter Landing Gear Case
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to... Read More
Trial Judge Knows Best: Supra-Tariff Costs Award Upheld
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova’s appeal of the order requiring... Read More
Shoe Company Walks Away From Contempt Show Cause Hearing
In ASICS v 9153-2267 Quebec, Chief Justice Crampton of the Federal Court held that the Defendant in a trade-mark infringement case and its... Read More
Court Of Appeal Upholds Fair Dealing Reduction in K-12 Copying Tariffs
In Access Copyright v British Columbia Ministry of Education et al, the Federal Court of Appeal identified a single reviewable error in... Read More
Ordinary Actions Of Corporate Officers Not Sufficient To Pierce Corporate Veil In Oilfield Patent Infringement Action
On February 13, 2017 the Federal Court of Appeal dismissed an appeal by NOV Downhole Eurasia Limited and Dreco Energy Services ULC... Read More
Hindsight Approach to Obviousness Rejected In Oilfield Patent Dispute
Justice Manson’s recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination... Read More
Cascades Declaws ROYALE Kittens’ Demand For Provisional Injunction
On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product’s demand for a provisional injunction seeking to enjoin Cascades from... Read More