Speculative Harm Insufficient For Equipment Rental Injunction
HERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company)... Read More
Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement
Arnold Hennessy invented “tip-tank” toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings. AHH licenced the... Read More
Putting Your (Other) Best Foot Forward: Party May Introduce New Evidence or Argument in Subsequent Infringement Action
On September 19, 2016, Prothonotary Tabib granted, in part, Apotex’ motion to amend its statement of defence and counterclaim in an infringement... Read More
New Evidence Of License Agreement Unable To Secure ASIA MILES Trade-mark Registrations
On October 12, 2016, Justice Southcott issued his Judgment and Reasons and Cathay Pacific Airways Limited v. Air Miles International Trading B.V.,... Read More
On Thin Ice: Court Dismisses Snowmobile Infringement Action
In Arctic Cat Inc v Bombardier Recreational Products, Justice Roy of the Federal Court dismissed Arctic Cat’s action against Bombardier for infringement... Read More
Hail, Caesar(stone)! TMOB’s Refusal To Consider Earlier Registration Of Related Goods Unreasonable
In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks... Read More
Court Orders Corrections To Discovery Answers Be Read-In
Rule 288 permits a party to rely on answers given during examination for discovery of an adverse party as evidence at trial.... Read More
PIRANHA Bites Back: Federal Court Reverses Expungement of Saw Blade Trademark
The Federal Court in The Black & Decker Corporation v. Method Law Professional Corporation, has reversed a decision of the Registrar of Trade-marks... Read More
Times Up: Toronto Development Company Found to Infringe Trade-Mark
In Times Group Corporation v. Time Development Group Inc. the Court granted a declaration of trade-mark infringement and an order that the respondent... Read More
Qualifying Read-Ins Must Be “Reasonably Connected”
In Excalibre Oil Tools Ltd. v. Advantage Products Inc., API sought an order pursuant to Rule 289 of the Federal Courts Rules ordering... Read More
Party Has Prima Facie Right To Select Discovery Representative
The Federal Court recently issued a decision dealing with a discovery motion requesting a specific individual as a representative for discovery and... Read More
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced... Read More
Conference call transcript sinks TRUVADA combination patent
On August 19, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 856. The case... Read More
Trial Judges Entitled To Some “Leeway” On Construction
On September 6, 2016, the Court of Appeal dismissed Nova Chemicals Corporations appeal from a judgment finding its SURPASS product infringes Canadian... Read More
Mövenpick’s “Marché & Wave” Trade-mark Withstands Richtree’s Opposition Appeal
On September 15, 2016, Justice Boswell dismissed Richtree’s appeal, pursuant to section 56 of the Trade-marks Act, from the decision of the... Read More
Prohibition Order Granted Against Generic VIREAD Product
On August 23, 2016, the Federal Court released the public judgment and reasons by Justice Brown in 2016 FC 857. The case... Read More
Supertek’s Trademark Counterclaim Against Mishnan Hosed
In E Mishan & Sons v Supertek Canada, 2016 FC 986, Justice Hughes of the Federal Court dismissed Supertek’s claim for damages... Read More
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving... Read More
Ethinylestradiol/Drospirenone Formulation Patent Valid and Infringed
On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex... Read More
Federal Court of Appeal Rewrites Standard of Review
Needless to say, the issue of the standard of review applicable to orders of both judges and prothonotaries has been one of... Read More
Court Refuses to Reconsider Prohibition Order Granted On The Basis of NOA Insufficiency
As previously described here, Justice Brown granted a prohibition application brought by Bayer relating to the drug moxifloxacin hydrochloride and Canadian Patent... Read More
Federal Court Grants Order Bifurcating Apotex’ Section 8 Action
In Apotex Inc. v. Alcon Canada Inc., 2016 FC 720, Prothonotary Tabib granted Apotex’ motion for bifurcation of its section 8 action... Read More
Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu
In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft’s copyright in several programs and... Read More
A Swiss (trademark) Miss – Wenger’s Infringement and Passing Off Claims Dismissed
On March 24, 2016, Justice St-Louis dismissed Wenger’s application for trademark infringement against Travelway and passing off based on following registered trademarks... Read More
On to the next round: Some of Apotex’s claims for being kept off the sildenafil market survive motion to strike
In Apotex Inc. v. Pfizer Ireland Pharmaceuticals et al., 2016 ONSC 4966, Pfizer was looking to strike out claims brought against it... Read More