In Summary, A Foreign Voluntary Dismissal is not Res Judicata
Defendant Sonos, Inc brought a summary judgment motion to dismiss Google LLC’s Canadian patent infringement action. The parties had agreed to a... 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
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
Objections without merit: Federal Court takes stance against “under advisements”
In MediaTube v Bell, an action alleging infringement of the plaintiffs’ patent by Bell’s Fibe TV systems, discovery of the plaintiffs entailed... Read More
Receivership Proceeding Cannot Be Passed Off As A Passing-Off Action
In Tangerine Financial Products Limited Partnerships v. The Revees Family Trust, 2015 BCCA 359, the Court of Appeal for British Columbia allowed... Read More
If at first you don’t succeed, you may not be permitted to try again
Justice Barnes’ decision in Gilead Sciences, Inc. v. Minister of Health is a cautionary note to applicants in PM(NOC) Proceedings to think... Read More
Withdrawal of ALIMTA NOA renders prohibition application moot
On January 14, 2013, Justice Barnes of the Federal Court of Canada issued his Reasons for Judgment in respect of a prohibition... Read More