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 Breaks The “Promise Doctrine” In NEXIUM Patent Dispute
On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility... 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
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
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
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
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
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
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
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
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
Scratching Beyond The Surface: Court Revisits File Wrapper Estoppel
In Pollard Banknote Limited v BABN Technologies Corp, Justice Locke held that Canadian Patent No. 2,752,551 was invalid and, in the alternative,... Read More
Failure to Disclose Public Servant Status Will Not Void a Patent
On February 5, 2016 Justice Boivin (writing on behalf of the Court of Appeal) released the reasons for judgment in Brown v.... 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
Cleaning Up the Waste: Federal Court Invalidates Patent for Treating Waste Material from Mining Operations
On August 24, 2015, Justice Phelan held that Canadian Patent No. 2,515,581 is invalid for obviousness (2015 FC 997). This action involved... Read More
Inventive concept need not be coterminous with promised utility
On July 6, 2015 the Federal Court of Appeal released it decision on AstraZeneca’s appeal of Justice Rennie’s decision holding that the... Read More
Relief or Relapse? Federal Court of Appeal orders re-trial of STELARA infringement case
The Federal Court of Appeal has remitted the infringement and validity action regarding AbbVie’s Canadian Patent No. 2,365,281 and Janssen’s drug STELARA... Read More
Expert evidence of imaginative skilled person rejected
On September 5, 2014, Justice O’Keefe released his Reasons for Judgment in a patent infringement action between Dow Chemical and Nova Chemicals... Read More
Punitive damages for infringing (but never sold) helicopter landing gear upheld on appeal
On September 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in Bell Helicopter Textron Canada Limitée v. Eurocopter... Read More
Its Alive! Court of Appeal resurrects clopidogrel enantiomer patent
On July 24, 2013, the Federal Court of Appeal released its Reasons for Judgment in an appeal involving Canadian Patent No. 1,... Read More
Oil well spill tray patents not infringed, one invalid – Federal Court
On June 7, 2013, Justice Barnes issued his Reasons for Judgment in a patent infringement action between Zero Spill Systems and Rat Plastic... Read More
Opportunity for inspection enough for anticipatory prior use – Federal Court of Appeal
On December 20, 2012 the Federal Court of Appeal, clarified what constitutes anticipatory prior use under the “new” Parent Act in Wenzel... Read More
ACCUPRIL impeachment action allowed to continue notwithstanding patent expiry
In 2003, Pfizer commenced a prohibition application under the Patented Medicines (Notice of Compliance) Regulations in respect of Canadian Patent Nos. 1,341,... Read More