Concession Counters Apple’s Bifurcation Motion in Battle over Standards Essential Patent
Wi-Lan sued Apple, and sought an injunction, claiming that several Apple products which comply with the 4G and 5G standards necessarily infringe... Read More
UK Sufficiency Requires Enablement Across Substantially All of the Claimed Subject Matter
Sufficiency is a general requirement of UK patent law and under the European Patent Convention that requires the patentee to show that a... Read More
CCM Scores With Obviousness Attack on Bauer’s Hockey Skate Patent
Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624 was a patent infringement battle between two well-known skate manufacturers.... Read More
Plaintiff’s Lost Profits Relevant to Reasonable Royalty Analysis
Bauer Hockey Ltd. v. Sport Maska Inc. (c.o.b. CCM Hockey), 2020 FC 212 dealt with various motions seeking to exclude expert reports... Read More
Death of the Protective Order in the Federal Court of Canada?
Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC... 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
Hold Up or Hold Out? UK Court Addresses FRAND Licensing Of Essential Cellphone Patents
Unwired Planet International v. Huawei, [2017] EWHC 711 is a UK case regarding the FRAND royalty rates applicable to patents that are deemed... 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
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
Court prefers blinded expert in ophthalmic drug patent dispute
In Allergan Inc. v. Apotex Inc, 2016 FC 344, Allergan sought a prohibition order against Apotex in relation to its gatifloxacin ophthalmic... Read More