Refrigeration appeal gets cold shoulder from Court of Appeal
Fromfroid manufactures air conditioning and refrigeration equipment for the agri-food industry. Fromfroid owned Canadian Patent No. 2,301,753, which covered a rapid cooling...Read More
Motion to add a Gillette defence: Court refuses when pleadings would conflict
The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc. Associate Judge...Read More
Toward a shortage of shortages: Proposed amendments to the Food and Drug Regulations
Health Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations to protect against the harms caused by...Read More
Federal Court of Appeal rejects motion for extension of time
The Federal Court of Appeal considered a motion seeking both an extension of time and an order varying the Court’s dismissal of...Read More
New evidence of use overturns trademark expungement
In this trademarks appeal brought pursuant to section 56 of the Trademarks Act, the Federal Court overturned a decision by the Registrar...Read More
Federal Court denies amendments to copyright claim
In this copyright infringement action, GE Renewable Energy Canada Inc. (GEREC) sought to make further amendments to its Amended Statement of Claim....Read More
“Flexible set of options” in prior art not so flexible after all
In Steelhead v. Arc Resources, the Federal Court considered the validity of Canadian Patent No. 3,027,085, which related generally to a water-based...Read More
FC strikes notice of application for lack of standing
Background Boehringer Ingelheim markets and sells nintedanib esilate capsules in strengths of 100 mg and 150 mg under the brand name OFEV....Read More
Switching courts, not channels: MediaTube’s patent battle stalls
The Federal Court recently ordered a stay and security for costs in a prolonged patent infringement claim. In light of MediaTube’s strategy...Read More
Summary trial dismissal upheld in split decision of the Federal Court of Appeal
In a split decision, the Federal Court of Appeal dismissed Mud Engineering’s appeals of the Federal Court’s decisions that neither Mud nor...Read More
They have the power: Canadian Energy Services v Commissioner of Patents
In a recent decision, the Federal Court upheld the Commissioner of Patents’ decision to vary the Patent Office records and name Mr....Read More
Federal Court of Appeal upholds Federal Court’s summary trial finding of patent invalidity
Background The Federal Court of Appeal has rarely upheld or granted a finding of invalidity in the context of a summary trial;...Read More
It’s a fact: Methotrexate patent invalid for obviousness
In Medexus v Accord, the Federal Court concluded that a patent covering the use of methotrexate to treat inflammatory autoimmune diseases was...Read More
Rejected allegations on insufficiency: The importance of clarity, specificity, and timeliness in amending pleadings
ProSlide Technology Inc. v WhiteWater West Industries Ltd. is an appeal of an Associate Judge’s Order denying WhiteWater’s motion to amend its...Read More
Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
Validity of maintenance dose patent maintained
The Federal Court of Appeal provided insight into what constitutes an unpatentable method of medical treatment in Janssen v Pharmascience, the latest...Read More
Abuse of process remains alive under the Regulations
The Federal Court of Appeal’s decision in Janssen v. Apotex (here) harkens back to its 2007 decision Sanofi-Aventis v Novopharm (here) and...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...Read More
Breaking invention chains: non-final unity objections need not “force” a divisional
In NCS v Kobold, the Federal Court explained the circumstances in which a double patenting argument could apply in the context of...Read More
An inventive concept dies and becomes the “spirit of the invention”
In NCS v Kobold, the Court explained that the inventive concept of a patent is not the “spirit of the invention” as...Read More
FCA Confirms Obviousness of Lilly’s Tadalafil Patent
In Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, Justice St-Louis held that the asserted claims of Lilly’s Patent...Read More
Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking
In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order....Read More
Relief from the implied undertaking required before varying a confidentiality order
The Federal Court found it was inappropriate to vary the Protective and Confidentiality Order in the original action brought by Janssen against...Read More
One-sided assessment of prejudice undermines decision regarding amendment of trademark Statement of Opposition
In Anheuser Busch LLC v H.O.W. Medical Solutions Ltd., 2022 FC 842, Justice Walker set aside a decision by the Trademarks Opposition...Read More
Suffice it to Say, Pending Claims Are Irrelevant for Sufficiency
The Federal Court of Appeal clarified in Pharmascience v. Bristol-Myers Squibb, 2022 FCA 142, that the specification of the issued patent, not...Read More