Why Get An Injunction Anywhere Else? – Federal Court Grants Rare Interlocutory Injunction In Trademark Dispute
On February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears... Read More
First Impression for Internet Confusion Occurs At Search Results Page – BCCA
On January 26, 2017, the BCCA granted Vancouver Community College’s appeal and held that it’s passing off claim against Vancouver Career College... 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
Patentee’s Conduct in Impeachment Action Warrants 50% Elevation Of Tariff B Costs
In Pollard Banknote Limited v. Babn Technologies Corp. and Scientific Games Products (Canada) ULC (2016 FC 1193), Justice Locke dealt with the... Read More
Sufficiency Only Requires A Description Of One Way Of Making The Inventive Product
On January 12, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Barnes decision (see our previous post here) holding Canadian Patent... Read More
Not A Wet Eye In The Court: TearLab Appeal Dismissed
In TearLab v I-MED, the Federal Court of Appeal dismissed TearLab’s appeal of Justice Manson’s dismissal of its motion for an interlocutory... Read More
Federal Court Prohibits Approval Of Generic ADHD Drug
In Janssen Inc. v. Actavis Pharma Company, 2016 FC 1361, Janssen sought an order prohibiting the Minister of Health from issuing a... 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
Decision To Not File Evidence On Motion To Dismiss Sinks Prohibition Application
On December 8, 2016 Prothonotary Aalto dismissed Valeant’s prohibition application against Apotex regarding metformin as an abuse of process. Apotex’s Notice of... Read More
Know Your Role: Court Boots Expert Reports Providing Opinions On Domestic Law
The Federal Court has allowed a pre-trial motion to strike expert reports and bar the authors of those reports from testifying at... Read More
Federal Court Mows Down Bison Grass Vodka Trade-mark Application
In CEDC International v Underberg, Justice Barnes dismissed CEDC’s appeal of the Trade-marks Opposition Board’s decision that prevented CEDC from registering “Żubrówka”... Read More
Pharmascience Sleeping Like A Baby After Sublinox Patent Win
On December 9, 2016 Justice Manson released his Public Judgement and Reasons dismissing Meda’s application for a prohibition order regarding Pharmascience’s zolpidem... Read More
Dow’s Complex Patent Case Justifies Increased Legal Fees
Justice O’Keefe has issued a costs award granting the successful party in a patent infringement action approximately 30% of its legal costs,... Read More
Apotex’ Remedial Claims Based On Pfizer’s Viagra Patent Survive Another Attack
On November 18, 2016, Justice Nordheimer of the Ontario Superior Court of Justice dismissed Pfizer’s motion for leave to appeal a decision... Read More
API Fails To Remove Excalibre: API’s Torque Anchor Patents Invalid Or Not Infringed
Excalibre Oil Tools Ltd. v. Advantage Products Inc. concerns the validity and infringement of three Canadian patents. Justice Manson held that the... Read More
PATANOL Statutes of Monopolies claim struck as premature but other pleadings survive
Actavis had been named as a respondent in an application under the Patented Medicines (Notice of Compliance) Regulations in respect of two... Read More
Sweet Relief On Appeal: HONEY Has Its Trade-Mark Registration Restored By Federal Court
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45... Read More
Infringement To The Omax: Default Judgement In Real Estate Trade-mark Action
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement. Maxwell operates... 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
Does Double Patenting Have A Relevant date? Perhaps
In Apotex Inc. v Eli Lilly Canada Inc., the Federal Court of Appeal dismissed Apotex’s appeal of the Federal Court decision that... Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in... Read More
Motion for Declaration of Software Ownership Dismissed
Justice G. Dow, in One Street Digital Inc. v. Berkeley Payment Solutions Inc., dismissed a motion brought by OSD seeking to have... Read More
A Quick Proceeding for Quick Couplers – Summary Trial Finding of Patent Non-infringement
On October 6, 2016, Justice Southcott dismissed Cascade’s patent infringement action against Kinshofer in a motion for summary trial. Kinshofer did not... Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical... Read More