Sound Prediction: Self-evident Elements Need Not Be Explicitly Disclosed
On June 3, 2015, the Federal Court of Appeal held that elements that would be self-evident to the skilled person need not...Read More
Supreme Court dismisses ramipril section 8 damages appeal
On April 20, 2015, the Supreme Court of Canada dismissed from the bench Pfizer’s appeal arising from Apotex Ramipril FCA. The Supreme Court took...Read More
“URBAN PLANET” and “PLANET”: A trade-mark dispute that was out of this world
On December 19, 2014, Justice Boswell of the Federal Court released the judgment and reasons in Jacques Vert Group Limited (“JVG”) v....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
Tobacco packaging trade-mark goes up in smoke
On December 18, 2014, Justice Bédard of the Federal Court, released her judgment and reasons in Philip Morris Products S.A. v. Imperial...Read More
Seeking to Intervene? Proceed Quickly with Unique and Valuable Insights or Else
On February 2, 2015, Justice Stratas released his reasons for dismissing Canada’s Research Based Pharmaceutical Companies (“Rx&D”) motion for leave to intervene...Read More
That is Going to Cost You: Willful Infringement of Trade-mark and failure to participate in Court proceeding results in cost sanctions
On October 24, 2014, Justice Noël of the Federal Court, released the Reasons for Judgment on a motion for default judgment in...Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario...Read More
Overrun by nettles: Government to prune the PM(NOC) Regulations
Industry Canada has announced its intention to amend the Patented Medicines (Notice of Compliance) Regulations. These proposed changes focus on the issue...Read More
A Promise Made…A Promise Kept: Federal Court of Appeal rejects claims that the Celecoxib patent lacks utility
On October 30, 2014, Justice Noël of the Federal Court of Appeal, released the Reasons for Judgment in Apotex Inc. v. Pfizer...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
Forgetting Someone? Court of Appeal orders Hospira to add Sanofi to oxaliplatin judicial review
On September 9, 2014, Justice Gauthier of the Federal Court of Appeal, released the Reasons for Judgment in Hospira Healthcare Corporation v....Read More
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and...Read More
Cancel the Date: Federal Court Vacates Novel Bifurcation for Section 8 Start Date
On September 15, 2014 Prothonotary Aalto granted Pfizer’s motion to amend its pleadings and in doing so vacated a bifurcation order that...Read More
Court denies self-represented litigant leave to adduce new evidence of trade-mark use on appeal
Medos Services Corporation, its principal Alexander Vlasseros, and a related corporation, Marathon Medical Inc., appealed the judgment of the Federal Court that...Read More
Janssen prima facie in contempt of STELARA injunction
After finding that Janssen’s STELARA products infringed AbbVie’s (formerly Abbott) Canadian Patent No. 2,365,281 (see here), Justice Hughes subsequently granted a permanent...Read More
Receiver in Bankruptcy Permitted to Sell Trademarked Goods Despite Opposition from Trademark Owner
On August 25, 2014, Justice Gouin of the Quebec Superior Court released his Reasons for Judgment in 185107 Canada Inc. (Groupe de...Read More
Apotex’ US Patent Unenforceable for Inequitable Conduct
In a relatively rare finding, the Court of Appeal for the Federal Circuit affirmed that Apotex’s U.S. Patent No. 6,767,556 is unenforceable...Read More
Product specificity requires “perfect matching”
In Eli Lilly Canada Inc. v. Canada (Attorney General) , Justice Bédard of the Federal Court ruled that the Minister of Health’s...Read More
Statutory, but not punitive, damages for copyright infringement
Rundle provided training services to assist federal government employees in passing various language proficiency tests for bilingual positions in the federal public...Read More
Court of Appeal further clarifies section 8 damages framework
When a generic drug company is held off the market by an improper prohibition application, that generic is entitled to damages under...Read More
Non-infringing alternative defence rejected in lovastatin infringement damages trial
On July 16, 2013, Justice Snider released her public Reasons for Judgment in the damages phase of the bifurcated lovastatin infringement action. Justice...Read More