Problem Gaming Patent Lacks Scintilla Of Utility
On May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving... Read More
For Your (and In-House Counsel’s) Eyes Only: Court Clarifies Scope Of “Counsel’s Eyes Only” Disclosure Designation
In Angelcare v Munchkin, Justice Roussel of the Federal Court affirmed a decision allowing in-house counsel to access the “Counsel’s Eyes Only”... Read More
Federal Court Holds Apotex Could Have But Would Not Have Used Non-Infringing Alternative
Apotex was held liable in 2008 for infringing ADIR’s patent by selling perindopril tables made in Canada to affiliates in the UK... Read More
Federal Court Holds Biologic Patent Valid and Infringed
In the first patent action involving biosimilars, the Federal Court held that the patent was valid and infringed. The Kennedy Trust for... Read More
Patent Infringers Cannot Elect Patentee’s Remedy
The Federal Court of Appeal dismissed Apotex’ appeal from a decision in which Apotex sought to elect the remedy that Bayer was... Read More
Shilajit Inventor Has No Rights To Assert After Patent Assignment
In Rowland v. Stephen, Justice Petersen struck Mr. Rowland’s statement of claim and denied his leave to amend on the basis that... 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
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
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
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
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
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
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
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
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
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
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
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
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 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
Court Refuses to Bifurcate Section 8 Counterclaim from Olopatadine Infringement Action
In Alcon Canada Inc. v. Apotex Inc., 2016 FC 898, Prothonotary Tabib dismissed Alcon’s motion to bifurcate its infringement action from... Read More