Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent... 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
Federal Court Mows Down Bison Grass Vodka Trade-mark Application
In CEDC International v Underberg, Justice Barnes dismissed CEDC’s appeal of the Trade-marks Opposition Board’s decision that prevented CEDC from registering “Żubrówka”... Read More
Does Double Patenting Have A Relevant date? Perhaps
In Apotex Inc. v Eli Lilly Canada Inc., the Federal Court of Appeal dismissed Apotex’s appeal of the Federal Court decision that... Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in... Read More
Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement
Arnold Hennessy invented “tip-tank” toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings. AHH licenced the... Read More
On Thin Ice: Court Dismisses Snowmobile Infringement Action
In Arctic Cat Inc v Bombardier Recreational Products, Justice Roy of the Federal Court dismissed Arctic Cat’s action against Bombardier for infringement... Read More
Supertek’s Trademark Counterclaim Against Mishnan Hosed
In E Mishan & Sons v Supertek Canada, 2016 FC 986, Justice Hughes of the Federal Court dismissed Supertek’s claim for damages... Read More
Microsoft Enforces Software Copyright Against Recidivist Copier: Microsoft v. Liu
In Microsoft v Liu, Justice Boswell of the Federal Court determined that Mr. Liu had infringed Microsoft’s copyright in several programs and... Read More
Scratching Beyond The Surface: Court Revisits File Wrapper Estoppel
In Pollard Banknote Limited v BABN Technologies Corp, Justice Locke held that Canadian Patent No. 2,752,551 was invalid and, in the alternative,... Read More
Save It For The Action: Filgrastim Appeal Dismissed As Moot
In Amgen v Apotex, the Federal Court of Appeal dismissed Amgen’s appeal of the Federal Court decision that dismissed Amgen’s application for... Read More
Cold Calls and Conflicts: Sikes v. Encana Corporation
In Sikes v Encana Corporation, Justice Bell held that Smart & Biggar should not be removed as counsel for Encana. The plaintiffs... Read More
Xpresspost and Registered Mail: Two Sides of the Same Coin
In Biogen v Attorney General of Canada, Justice Elliott held that use of the Xpresspost service of Canada Post constitutes delivery to... Read More
Well Done, not Burnt: STK Trade-Mark Maintained
In The One Group LLC v Gouverneur Inc, the Federal Court of Appeal allowed The One Group’s appeal and maintained the registration... Read More
Half the Battle is Showing Up: Default Judgment Withstands Appeal
In David Michaels v Michaels of Canada, Justice Rennie of the Federal Court of Appeal dismissed the defendants’ appeal of the default... Read More
Quebec Court Shines Light on LED Trade-mark Ownership
In 6766285 Canada Inc c. 2900319 Canada Inc., 2015 QCCS 5143, Justice Courchesne of the Quebec Superior Court held that Divvali was... Read More
On solid ground: Court finds Fusion Pro marks not confusing
Justice Gleason of the Federal Court held that trade-marks containing the word “Fusion” were not likely to be confusing with trade-marks containing... Read More
Court straightens out scope of orthodontic patent
In Orthoarm Inc v GAC International LLC, 2015 ONSC 5097, Justice Matheson of the Ontario Superior Court held that certain orthodontic brackets... Read More