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
Federal Court of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims... Read More
Akebia’s “Zombie Motion” is Put to Rest
In FibroGen, Inc. v. Akebia Therapeutics, Inc., Justice Rennie allowed FibroGen’s appeal from an order requiring that FibroGen file certain fact witness... Read More
Janssen’s stranglehold strengthens: Evidence important in indirect infringement
Janssen scored another victory in relation to Canadian Patent No. 2,659,770 in Janssen v Apotex. Janssen sought to prevent Apotex from selling... Read More
Burden on summary trial can shift, and both parties come up short on ownership
In Mud Engineering Inc. v Secure Energy (Drilling Services) Inc., 2022 FC 943, Justice St-Louis dismissed a motion for summary trial and... Read More
For the Defendants’ Eyes Only: Court Permits Filing of Confidential Statement of Claim
In Bayer vs. BGP, Justice Pentney of the Federal Court permitted the filing of a confidential Statement of Claim. Bayer markets aflibercept... Read More
Janssen tightens its grip on treatment for vasoconstrictive diseases
In Janssen v Sandoz, the Federal Court held that Canadian Patent No. 2,659,770 was valid and would be infringed by Sandoz’s proposed... Read More
Lump Sum Costs? Ça “Dépens”!
Justice Grammond awarded Vidéotron Ltée and Groupe TVA inc. costs according to the Tariff after their success in 2022 CF 256, finding... Read More
Federal Court’s Confusion Analysis Aligns with TMOB Despite New Evidence on Appeal
Osstemimplant applied to register the trademark MAGICALIGN for use in association with orthodontic goods. Align opposed the registration, asserting that MAGICALIGN was... Read More
Federal Court clarifies test for Protective Orders with Counsel’s Eyes Only Provisions
In Del Ridge Homes Inc. v Ledgemark Homes Inc., 2022 FC 566 the Federal Court upheld Prothonotary Milczynski’s decision to dismiss Ledgemark... Read More
An Illuminating Decision on Induced Infringement from the Federal Circuit
Background The Court of Appeals for the Federal Circuit reversed the District Court of Delaware’s decision holding Roche Diagnostics Corporation induced infringement... Read More
BC Civil Resolution Tribunal Restates the Ingredients of a Binding Settlement Agreement
Background In the underlying dispute, Ehsan Haji Mahdizadeh Zargar alleged that the City of Vancouver infringed his copyright in 2 photographs by... Read More
Everyone Gets a Slice, But No One Controls the Milano Pizzeria Trademark
The Federal Court has expunged Milano Pizza Ltd’s Canadian Trademark Registration TMA571,114 for MILANO PIZZERIA & Design: Milano Lost Control of Its... Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for... Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird... Read More
You Can’t Lose What You Never Had: Government Can’t Expropriate Unencumbered Seismic Data Copyright That Never Existed
In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI’s Statement of claim. In doing so, Prothonotary... Read More
For Your (and In-House Counsel’s) Eyes Only: Court Clarifies Scope Of “Counsel’s Eyes Only” Disclosure Designation
In Angelcare v Munchkin, Justice Roussel of the Federal Court affirmed a decision allowing in-house counsel to access the “Counsel’s Eyes Only”... Read More
Vacated injunction And Anton Piller Order Resurrected Pending Appeal in Kodi Add-On Copyright Case
In the continuing saga between broadcasters and set-top boxes, the Federal Court of Appeal handed a group of Canadian broadcasters a temporary... Read More
Crash Landing: Court Awards Damages Of $1.5 Million In Helicopter Landing Gear Case
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to... Read More
Trial Judge Knows Best: Supra-Tariff Costs Award Upheld
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova’s appeal of the order requiring... Read More
Shoe Company Walks Away From Contempt Show Cause Hearing
In ASICS v 9153-2267 Quebec, Chief Justice Crampton of the Federal Court held that the Defendant in a trade-mark infringement case and its... Read More
Court Of Appeal Upholds Fair Dealing Reduction in K-12 Copying Tariffs
In Access Copyright v British Columbia Ministry of Education et al, the Federal Court of Appeal identified a single reviewable error in... Read More
Not A Wet Eye In The Court: TearLab Appeal Dismissed
In TearLab v I-MED, the Federal Court of Appeal dismissed TearLab’s appeal of Justice Manson’s dismissal of its motion for an interlocutory... Read More