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
NOV Downhole Fails to Pierce the Corporate Veil
In NOV Downhole Eurasia Limited v. TLL Oilfield Consulting Ltd., 2016 FC 685, NOV appealed an Order of Prothonotary Milczynski (acting in... Read More
Cold Calls and Conflicts: Sikes v. Encana Corporation
In Sikes v Encana Corporation, Justice Bell held that Smart & Biggar should not be removed as counsel for Encana. The plaintiffs... Read More
Court Re-affirms the Importance of Affidavit Evidence on a Motion for Particulars
On April 5, 2016 Justice LeBlanc released his Order and Reasons in Stryker Corporation v. Umano Medical Inc., 2016 FC 378. The... Read More
Fears and Tears Insufficient to Warrant Interim Injunction
On March 24, 2016, Justice Russell dismissed TearLab’s motion for an interim injunction that sought to prevent I-Med Pharma Inc. from marketing... Read More
Strong Possibility of Future Drug Patent Infringement Survives Motion to Strike
On March 21, 2016, Justice Barnes dismissed an appeal of Prothonotary Tabib’s Order that refused to strike a pleading based in quia... Read More
Keep it Together: Federal Court Upholds Decision Refusing Bortezomib Bifurcation
On March 15, 2016, Justice Diner of the Federal Court released his Order and Reasons in Teva Canada Limited v. Janssen Inc.,... 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
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since... Read More
Unanswered Questions – Bard Successfully Avoids Answering Questions on Discovery
On October 16, 2015, Justice LeBlanc dismissed an appeal by W.L. Gore & Associates, Inc. and W.L. Gore & Associates Canada Inc.... Read More
Just Right: Non-Infringing alternative Relevant in Calculating Damages for Patent Infringement
In Apotex Inc. v. Merck & Co., 2015 FCA 171, the Federal Court of Appeal held that when calculating damages for patent... Read More
Court amends Judgement to reflect Reasons
In AstraZeneca Canada Inc v Apotex Inc, 2015 FC 671, Justice Barnes of the Federal Court amended his previously issued Judgement in... Read More
FCA Upholds the “Reasonably Diligent Search” Standard, For Now
The Federal Court of Appeal in E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2015 FCA 163, dismissed an appeal from... Read More
The Price is Right… If You Can Prove It In Court
The Federal Court has agreed that a defendant may reduce the damages owed to a plaintiff, if the defendant can show that... Read More
An Invitation to Attend (From the land of 10,000 lakes)
On January 7, 2015, Justice Stewart of the Ontario Superior Court of Justice, released her endorsement in Arctic Cat Inc. et al.... 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
Apotex barred from raising validity issues during assessment of damages
On September 16, 2014 Prothonotary Lafrenière dismissed Apotex’s motion for leave to file an amended Responding Statement of Issues. Apotex sought to... 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
Lilly’s ZYPREXA leave application dismissed
On May 16, 2013 the Supreme Court of Canada dismissed Eli Lilly’s leave application seeking leave to appeal the Judgment of the... Read More
Court has broad discretion to order production of pharmaceutical samples – Rule 249
On February 19, 2013, the Federal Court of Appeal, in series of three decisions clarified that the Rule 249 provides the Court... 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
Third time’s a charm? Court of Appeal again remits Weatherford’s induced infringement claim
On October 17, 2012, the Federal Court of Appeal issues it’s Reason for Judgment in Corlac Inc. et al v. Weatherford Canada... Read More