Aitken Klee recognized in the 2025 Best Lawyers in Canada Awards
We are pleased to share that Aitken Klee has once again been recognized in The Best Lawyers in Canada, with seven partners...Read More
An Expiring Patent Will Get Its Day in Court under Section 6 of the PM(NOC) Regulations
Should an action under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations be rendered moot if the asserted patent will...Read More
Birds of a Feather Will Not Flock Together: Section 6.02 of PM(NOC) Regulations Prohibits Trials of Common Issues Absent Consent
The Federal Court of Appeal set aside a Federal Court order requiring a trial of common issues from two separate actions initiated...Read More
Degree of Care is a Relevant Consideration in Assessing Javelo Likelihood of Confusion
On April 20, 2020, the Federal Court of Appeal dismissed Clorox’s appeal from a decision of Justice Grammond of the Federal Court...Read More
Federal Court Dismisses Action for Patent Infringement by Summary Trial
In February 2018, the Plaintiffs, ViiV Healthcare Company, Shionogi & Co Ltd, and ViiV Healthcare ULC filed a lawsuit against the Defendant,...Read More
Reality Check for s. 8 Damages: But-For World Should Reflect Real World
The Federal Court of Appeal recently pronounced from the bench that damages claimed under section 8 of the PM(NOC) Regulations for lost...Read More
Patentee may file its own reply in PM(NOC) action
In August 2019, Allergan commenced an action under section 6(1) of the PM(NOC) Regulations against Apotex and HRA Pharma in which it...Read More
Round and Round: Ajit Trademark Litigation 10 Years In
Background Hamdard Trust and Navsun Holdings have engaged in a longstanding litigation over the use of the term “Ajit” in their trade-marks...Read More
Pass the Scalpel: “Surgical” Reply Report Responding to New Evidence Held Admissible
On the eve of trial, the Federal Court accepted filing of a reply report responding to new evidence but did not allow...Read More
Federal Court of Appeal: A Leaf Blower is not Enough
In this case, the Federal Court of Appeal upheld the decision of Justice Locke, who found that two patents pertaining to the...Read More
Product Monographs Given Flexible Reading Informed by Patent Analysis
In Janssen Inc. v. Apotex Inc., 2019 FC 1355, the Federal Court granted Janssen’s application for an order prohibiting the Minister of...Read More
Court Says No to Reply Evidence, Yes Please to Prior Art
In another nod to the Supreme Court’s “litigation culture change” in Hryniak, the Federal Court rejected expert reports tendered in a motion...Read More
Court of Appeal dismisses Pfizer’s motion to strike PM(NOC) action as abusive
The Court of Appeal recently determined that the institution of proceedings under the “new” PM(NOC) Regulations, is not re-litigation or an abuse...Read More
Different Approaches for Assessing the Likelihood of Confusion of ZARA Word and Design Marks Held Unreasonable
Zara Natural Stones Inc. sought to register the design trademark in association with paving blocks, paving stones, and paving tiles. At the...Read More
No Rubber Stamp of Appeals by the Federal Court of Appeal
The Federal Court of Appeal recently confirmed it is not prepared to rubber stamp unopposed appeals, or appeals on consent without having...Read More
Bauer Hockey Helmets Avoid Infringement Injury
On May 7, 2018 the Federal Court granted MIPS action in part, findings its patent valid but not infringed by Bauer’s RE-AKT...Read More
Formalities for Confidentiality Orders Not Required for Trial Materials
On March 29, 2018 the Federal Court dismissed MediaTube’s motion challenging the confidentiality designations made by Bell Canada during and following the...Read More
Circumstances Not Sufficiently Special To Allow Pleading Amendment
On February 6, 2018, Justice Dunphy dismissed Sanofi’s motion for leave to amend their statement of defence in light of “special circumstances”,...Read More
Some Degree Of Expected Confusion With A Weak Trademark Not Enough To Prevent Registration
On February 5, 2018, Justice LeBlanc released his Judgment and Reasons in 2018 FC 121 involving the applicant, Assurant, Inc. and the...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
Court of Appeal Clarifies Costs Framework in Copyright Class Action
On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1)...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
First Use, Not Registration, Confers Exclusive Right To A Trade-mark
On November 2, 2017, Justice Roussel allowed Micro Matic’s application under section 57 of the Trade-marks Act and struck Taizhou’s trade-mark registration for...Read More
Entirety Of The Patent Must Be Considered When Determining If A Patent Pertains To A Medicine
Galderma had two patents for Differin which contained 0.1% adapalene (Canadian patent nos. 1,266,646 and 1,312,075 (expired 2007 and 2009, respectively). In...Read More
Apotex Seeks Rehearing of NEXIUM Patent Validity Following Supreme Court’s Decision
On August 29, 2017 Apotex filed a motion with the Supreme Court of Canada, requesting a rehearing of the appeal and an...Read More