Court of Appeal affirms agents and applicant must exercise due care
The Federal Court of Appeal allowed the appeal and restored the Commissioner of Patents’ decision not to reinstate Canadian Patent Application No....Read More
Health Canada consulting on new biosimilar guidance document
Health Canada has published a draft amended guidance document covering information and submission requirements for biosimilar biologic drugs. If implemented, Health Canada...Read More
FCA upholds OSIP decision on timing of patent listing and retroactive eligibility
Bayer submitted a patent list in relation to its 315 Patent and drug submissions for its aflibercept product, EYLEA, on August 22,...Read More
FC issues electrifying non-infringement judgment in McCain french fry case
Background McCain sued Simplot for infringing its 841 Patent, which claimed a process for treating fruits and vegetables with a high electric...Read More
Turkish television drama ends with close to $6M in copyright damages
The Federal Court awarded close to $6M in statutory damages to Yelda Haber Ve Görsel Yayincilik A.S., one of Turkey’s largest broadcasters,...Read More
From skinny to slim: Former distributor’s dishonest dealings earn interlocutory injunction
New Skinny Mixes, a US manufacturer of sugar-free coffee syrups and low-calorie cocktail mixes, secured an interlocutory injunction against its former Canadian...Read More
Inventor or DABUS-t?
According to the Commissioner of Patents, an AI system cannot be an “inventor” under the Canadian Patent Act and Rules, and therefore...Read More
Coming June 20, 2025 – Private applications for deceptive marketing practices
Canadian content creators should be aware of Bill C-59’s amendments to the Competition Act that will take effect on June 20, 2025....Read More
Motion to add a Gillette defence: Court refuses when pleadings would conflict
The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc. Associate Judge...Read More
Court finds eculizumab patent neither anticipated nor obvious
In the first PMNOC decision of the year, Justice Furlanetto upheld the validity of claims 1 and 2 of Alexion’s patent no....Read More
DABUS to be denied in Canada too?
On February 26, 2025, the Patent Appel Board was scheduled to hear submissions whether Canadian Patent Application No. 3,137,161 can comply with...Read More
DC Court of Appeal denies copyright to Thaler’s Creativity Machine
The United States Court of Appeals for District of Columbia Circuit affirmed the decision of the District Court for District of Columbia...Read More
Toward a shortage of shortages: Proposed amendments to the Food and Drug Regulations
Health Canada proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations to protect against the harms caused by...Read More
No shake down at the C-NLOPB – GSI’s seismic ATI request unsuccessful
The Federal Court affirmed the Canada-Newfoundland and Labrador Offshore Petroleum Board’s (C-NLOPB) decision not to release information to Geophysical Service Incorporated (GSI)...Read More
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
Federal Court of Appeal cultivates high bar to disclosure in anticipation
Agracity appealed from two decisions in which the Federal Court held, inter alia, that various claims of the 021 Patent were not...Read More
Reply evidence allowed under reserve of objection in Louis Dreyfus Company and CN Railway dispute
In Justice Diner’s decision in Louis Dreyfus Company v CN Railway Company, LDC was granted permission to file its reply evidence. The...Read More
Letters of request for inventors premature and trial date set
Background Samsung brought this motion for letters of request to be sent to the United States to compel the discovery of inventors...Read More
Persistent procrastination proves pricey as the Federal Court strikes EverForce’s software piracy defence
Ansys sued Everforce Energy Ltd. and its president, Raad William Barnet, in April 2022 for unauthorized use of copyright-protected software. The defendants...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
Exception to payment clause applies in settlement agreement for valacyclovir
The case surrounds an agreement made following a 2009 dispute over GSK’s product Valtrex (valacyclovir hydrochloride). In 2008, Health Canada approved Pharmascience...Read More
Information in the redacted acknowledgment is not confidential
In a motion related to Apotex’s generic cladribine submission, EMD Serono seeks a declaration that a redacted version of the Acknowledgement and...Read More
Edmonton property sale washes away patent rights
An interesting question arose in a recent case before the Alberta King’s Bench Court: Can a patent holder prevent the sale of...Read More
A Wanakome divided: Wanakome v Martin
Overview In a recent trademark and copyright case, Wanakome Inc. filed suit against Eric and Kara Martin and their company, Park Enterprises Worldwide Inc., under subsections 7(b), (c) and...Read More
Federal Court depletes AP&C’s validity arguments
Two patents relating to the processes for manufacturing reactive metal powders were found invalid for ambiguity pursuant to subsection 27(4) of the...Read More