What Do You Really Get When You Acquire Copyrighted Materials Through Foreclosure?
AAAI is an architecture firm that developed plans for a building project called “Murray’s Walk” for MWDL. In April 2009, AAAI filed... Read More
Federal Court Prohibits Approval Of Generic ADHD Drug
In Janssen Inc. v. Actavis Pharma Company, 2016 FC 1361, Janssen sought an order prohibiting the Minister of Health from issuing a... Read More
API Fails To Remove Excalibre: API’s Torque Anchor Patents Invalid Or Not Infringed
Excalibre Oil Tools Ltd. v. Advantage Products Inc. concerns the validity and infringement of three Canadian patents. Justice Manson held that the... Read More
Infringement To The Omax: Default Judgement In Real Estate Trade-mark Action
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement. Maxwell operates... Read More
Speculative Harm Insufficient For Equipment Rental Injunction
HERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company)... Read More
Court Orders Corrections To Discovery Answers Be Read-In
Rule 288 permits a party to rely on answers given during examination for discovery of an adverse party as evidence at trial.... Read More
On to the next round: Some of Apotex’s claims for being kept off the sildenafil market survive motion to strike
In Apotex Inc. v. Pfizer Ireland Pharmaceuticals et al., 2016 ONSC 4966, Pfizer was looking to strike out claims brought against it... Read More
AstraZeneca’s Attempt to Vary Judgment Based on Subsequent Finding of Infringment Rejected
In 2012, Justice Hughes held that Apotex was entitled to section 8 damages by reason of AstraZeneca’s unsuccessful prohibition application in respect of... Read More
Dude, That’s Not Your Code: Claim for Computer Authorship Denied
In Andrews v McHale, 2016 FC 624, Justice Southcott dismissed an application for declaratory relief and damages for alleged copyright infringement and... Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application... Read More
Un-Metatag Me! Copying metags found non-infringing by FCA
In Red Label Vacations Inc. v. 411 Travel Buys Ltd., 2015 FCA 290, the Federal Court of Appeal upheld a decision of... Read More
Perks are for everyone: PERKOPOLIS mark found non-infringing
In Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338, Justice Manson dismissed Venngo’s claim that Concierge and its directors... Read More
Stand on ENVIRO-GUARD; Tiger’s trade-mark opposition denied
In Tiger Calcium Services Inc. v. Compass Minerals Canada Corp., 2015 FC 1257, Justice McDonald upheld the TMOB’s decision to reject Tiger’s... Read More
BCFIT Trade-Mark Infringed and Passed Off, with a Side of Defamation
In British Columbia Recreation and Parks Association v. Zakharia [2015] BCSC 1650, Justice Funt of the British Columbia Supreme Court found the... Read More
Pay the wall – circumventing paywalls is copyright infringement
In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vintners Association, 2015 CanLII 65885, Deputy Judge Lyon Gilbert of the Ottawa Small Claims... Read More
Don’t Ask, Don’t Get – Costs on Motions in the Federal Court
On September 18, 2015, Justice Leblanc granted an appeal of a decision of Prothonotary Tabib awarding Eli Lilly costs on a motion... Read More
Can’t have your steak and eat it too – expunging TM’s for deviated use
Justice Kane dismissed an appeal from the Registrar of Trade-Marks expunging Padcon’s trade-mark for “THE OUTRIGGER STEAKHOUSE AND BAR” pursuant to section... Read More
Patent listing under 4(2)(b) – perfect match not required
In Eli Lilly Canada Inc v Attorney General of Canada, 2015 FCA 166, Justice Nadon allowed an appeal from Justice Bédard affirming... Read More