JAMP files application under Competition Act alleging abuse of dominance against Janssen
JAMP recently brought an application under the Competition Act alleging abuse of dominance against Janssen in relation to Stelara, Janssen’s drug containing...Read More
An essential part of construction: Federal Court revisits the test for whether a claim element is essential or non-essential
Boehringer v JAMP, 2024 FC 1198 was an action under the PMNOC Regulations concerning infringement and validity of two patents relating to...Read More
Letter rogatory for US patent infringement case not enforced for previous patent owners
A letter of request (a.k.a. letter rogatory) is a request by a foreign Court seeking the assistance of a Canadian court to...Read More
Federal Court resurrects trademark registration for Red Maple Manufacturing
Red Maple Manufacturing Inc. (RMM) successfully appealed a decision of the Trademarks Opposition Board, which amended its trademark registration to delete the...Read More
Not Trading Places: Federal Court Clarifies the Role of the Attorney General on Judicial Review Applications
The Federal Court recently clarified the role of the Attorney General of Canada (AGC) on applications for judicial review. The AGC has...Read More
FCA Clarifies Threshold for Soundly Predicting Utility
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Sandoz v Janssen, 2023 FCA 221, dismissed Sandoz’s appeal...Read More
Associate Judge Allows Extension of Time to Complete Inter Partes Testing
In Gilead Sciences, Inc v JAMP Pharma Corporation, 2023 FC 1141, Associate Judge Crinson of the Federal Court granted a motion for...Read More
Lack of Success is Not Evidence of Bias
Christopher Johnson, a self-represented Plaintiff, commenced a copyright infringement action in November 2021 against several defendants, including the Canadian Tennis Association (“Tennis...Read More
Re-Examination Board affirms validity of Teva’s Copaxone patent
Teva’s 802 Patent claims a dosing regimen for treating multiple sclerosis with Copaxone (glatiramer acetate). The Federal Court held the 802 Patent...Read More
Is Divided Infringement on the Horizon in Canada?
In the companion decisions Rovi Guides v. Videotron, 2022 FC 981 and Rovi Guides v. Bell, 2022 FC 979, the Federal Court...Read More
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a...Read More
Federal Court Clarifies Law on Arbitration Clauses
In General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2022 FC 418, the Federal Court clarified the legal test applicable...Read More
CCM Scores With Obviousness Attack on Bauer’s Hockey Skate Patent
Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey), 2020 FC 624 was a patent infringement battle between two well-known skate manufacturers....Read More
Opting Out: Copyright Board Tariffs are not Mandatory
The Federal Court of Appeal’s decision in York University v. The Canadian Copyright Licensing Agency (Access Copyright) is a lengthy judgment with important...Read More
Weighing the Options: Federal Court Confirms Standard of Review for Appeals from Decisions of Registrar of Trademarks
In Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367, the Federal Court confirmed the standard of review applicable to decisions...Read More
Court of Appeal Dismisses Apotex’ Perindopril Non-Infringing Alternative Appeal
In Apotex Inc v ADIR, 2020 FCA 60, the Federal Court of Appeal dismissed Apotex’ appeal on its non-infringing alternative (NIA) defence...Read More
Joint Business Ventures do not Equate to Shared Ownership of IP
Corey Bessner Consulting Inc. (c.o.b. Core Consultants Realty) v. Core Consultants Realty Inc., 2020 FC 224 dealt with a soured business relationship...Read More
Plaintiff’s Lost Profits Relevant to Reasonable Royalty Analysis
Bauer Hockey Ltd. v. Sport Maska Inc. (c.o.b. CCM Hockey), 2020 FC 212 dealt with various motions seeking to exclude expert reports...Read More
Use of Copyrighted Materials in Market Research is not Fair Dealing
Stross v. Trend Hunter Inc., 2020 FC 201 was a simplified action dealing with copyright infringement and fair dealing. The Plaintiff, Alexander...Read More
Canada Proposes Introducing Patent File Wrapper Estoppel
Bill C-86, the Budget Implementation Act is an 884 page omnibus bill recently introduced in Parliament. Among a myriad of other items, the...Read More
Recognizing the High Cost of Litigation: Federal Court Awards 50% of Actual Legal Costs
The Federal Court has traditionally calculated costs awards using the amounts specified in Tariff B of the Federal Courts Rules. There has,...Read More
The New NAFTA: Trademark and Industrial Design Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
The New NAFTA: Copyright Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
The New NAFTA: Patent Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement...Read More
Making Room For the Internet: Bricks and Mortar Business Not Required for Canadian Trademarks
In Hilton Worldwide Holding LLP v. Miller Thomson the Federal Court pushed forward what constitutes “use” of a trademark in today’s on-line...Read More