A slippery defendant: WhiteWater’s slides constructed outside Canada held to be non-infringing
Background ProSlide and WhiteWater are the two largest water slide companies in the world. ProSlide claimed that three of WhiteWater’s water slide...Read More
An untimely discovery: A case study of Meridian Manufacturing Inc v Concept Industries Ltd
Discovery facilitates the exchange of crucial information necessary to build a case and ensure a fair resolution. In patent infringement disputes, parties...Read More
Dedicating a patent can block a double patenting argument
Justice McVeigh has added new considerations when considering a double patenting argument in AbbVie v JAMP Pharma, 2023 FC 1520. The double-patenting...Read More
Permanent injunction declined in spite of infringement
Justice McVeigh’s recent decision in AbbVie Corporation v JAMP Pharma is noteworthy because it is one of the few cases to refuse...Read More
Anticipation test takes the middle ground
Justice McVeigh’s recent decision has addressed an area of debate within the jurisprudence and academic commentary regarding the proper legal test for...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
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
Strike Two: CIPO’s Problem Has a Solution
The Canadian Intellectual Property Office has taken another hit in Benjamin Moore in which two decisions of the Commissioner of Patents rejecting...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
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
Defamation Claim Fails Against Truthful Copyright Infringement Allegations Made on Social Media
In Johnson v. Rakhmanova, the Ontario Superior Court of Justice allowed a Defendant’s motion to dismiss a defamation claim on the basis that...Read More
Trademark Rights Sufficient To Support Restraint of Trade
The recent decision from the Ontario Court of Appeal in Mars Canada Inc. v. Bemco Cash & Carry upheld a settlement agreement...Read More
Abusive Patent Infringement Claim Dismissed by Federal Court
In Mostar Directional Technologies Inc. v. Drill-Tek Corporation and Drill-Tek MWD Services Ltd., Mostar claimed patent infringement and inducement. Mostar provides drilling...Read More
Hindsight Approach to Obviousness Rejected In Oilfield Patent Dispute
Justice Manson’s recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination...Read More
Know Your Role: Court Boots Expert Reports Providing Opinions On Domestic Law
The Federal Court has allowed a pre-trial motion to strike expert reports and bar the authors of those reports from testifying at...Read More
Dow’s Complex Patent Case Justifies Increased Legal Fees
Justice O’Keefe has issued a costs award granting the successful party in a patent infringement action approximately 30% of its legal costs,...Read More
Sweet Relief On Appeal: HONEY Has Its Trade-Mark Registration Restored By Federal Court
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45...Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical...Read More
PIRANHA Bites Back: Federal Court Reverses Expungement of Saw Blade Trademark
The Federal Court in The Black & Decker Corporation v. Method Law Professional Corporation, has reversed a decision of the Registrar of Trade-marks...Read More
Party Has Prima Facie Right To Select Discovery Representative
The Federal Court recently issued a decision dealing with a discovery motion requesting a specific individual as a representative for discovery and...Read More
Notice and Notice Regime Does Not Provide Legal Basis for Identifying Alleged Copyright Infringer
Justice Boswell’s decision in Voltage Pictures, LLC v. John Doe, 2016 FC 881, confirms that amendments to sections 41.25 and 41.26 of...Read More
Necessity Not the Only Test for Parties Seeking to be Added to a Proceeding
Justice Kane’s decision in Apotex Inc. v. Minister of Health, 2016 FC 776, has clarified that not all parties will be required...Read More
Punitive Damages May Exceed Compensatory Damages: Federal Court of Appeal
The Federal Court of Appeal has agreed that, in principle, an award for punitive damages may exceed compensatory damages. In Annie Pui...Read More