FCA clarifies discretion to award accounting of profits
In parallel decisions, the Federal Court of Appeal dismissed Rovi’s appeals against Telus and Bell (the Telus appeal) and against Videotron (the...Read More
Preventous saga continued: Audit reports not “supplied” and not “confidential” under s 20(1)(b)
The Federal Court dismissed the judicial review by Preventous Collaborative Health, Provital Health and Copeman Healthcare Centre after their half-decade-long saga to...Read More
Identity of suppliers and manufacturing information protected from an ATI request
The Federal Court redetermined the judicial review by Elanco Canada Limited, which challenged Health Canada’s decision to disclose portions of Elanco’s veterinary...Read More
Preventous’ fishing expedition (v Canada): Hook, line, and sinker-but no catch
The Federal Court dismissed a Federal Courts Rule 51 appeal by Preventous Collaborative Health, which sought the production of documents from Health...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
FCA affirms scope of “use” required for infringement
The Federal Court of Appeal upheld a summary trial decision finding Arc Resources Ltd., Rockies LNG Limited Partnership, Rockies LNG GP Corp....Read More
Time warp on the Patent Register: Amendments to Bayer’s aflibercept judicial review
In two judicial reviews considering when a first person’s patent is determined to be eligible for the Patent Register, and when a...Read More
A bittersweet default judgment for Honey
The Federal Court granted default judgment in favour of Heather McDowell, owner of Toronto-based fashion boutique Honey, against the online boutique “A...Read More
Supreme Court finds Ontario mandate letters are cabinet deliberations
The majority of the Supreme Court found that mandate letters from the Ontario Premier to his cabinet were confidences and exempt from...Read More
A one-two pulse for Takeda’s dexlansoprazole patent found not infringed and invalid
The Federal Court found Takeda’s Canadian Patent No. 2,570,916 to be invalid for lack of utility and sufficient disclosure and to be...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
Adidas cannot use “Terrex” name for W. 4th Ave store in Vancouver
The British Columbia Supreme Court issued an interlocutory injunction against adidas Canada, restraining it from using “TERREX” as the name of its...Read More
Analysing the “Core of the invention” in overbreadth and utility
The Federal Court in NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486 considered the validity of five patents owned by the...Read More
A year in review of Health Canada’s Access to Information matters
On November 7, 2023, Health Canada released its annual report on the Access to Information Act and Privacy Act, reporting on the...Read More
Plaintiffs that Stand Together Win Together: Entitlement to Claim Under the Patentee
Following its decision that Munchkin Inc. had infringed the Plaintiffs’ patents for diaper pails and cassettes (see 2022 FC 507), the Federal...Read More
Two-for-One Deal – A Successor Second Person Can Adopt the Original NOA
The Federal Court dismissed a judicial review by Bayer Inc. and Regeneron Pharmaceuticals, Inc. of the Minister of Health’s decision allowing Biosimilar...Read More
Long-Term Safety Data ≠ Longer Patent List for STELARA
The Federal Court upheld a decision of the Office of Submissions and Intellectual Property that Canadian Patent No. 3,113,837 was not eligible...Read More
SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him...Read More
Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented...Read More
Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2
As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and...Read More
FCA finds that data protection does not prevent a competing amifampridine product
The Federal Court Appeal has reversed the decision of Justice St-Louis (2022 FC 292) quashing the Minister of Health’s decision to issue...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
Sandoz’s Choice: Extend the Statutory Stay and Adjourn Trial or Forego New Invalidity Defences
The Federal Court granted Sandoz Canada Inc. leave to amend its Statement of Defence in an action under the Patented Medicines (Notice...Read More
To Market, To Market, or the Regulations Will Not Apply
The Federal Court dismissed two applications for judicial review by AbbVie Corporation, who challenged the Minister of Health’s decisions (1) finding JAMP...Read More
The Puck Drops Here: A Dynamic Site-Blocking Order Granted for the NHL Playoffs
In Rogers Media Inc., nine television networks who hold copyright in NHL games have successfully obtained a “dynamic” site-blocking order against unidentified...Read More