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
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
Patent rules and regulations amended to align with CUSMA
The proposed amendments to the Canadian Patent Rules attempt to align them with the Canada–United States–Mexico Agreement. The revisions primarily focus on implementing patent term adjustments to create remedies...Read More
Reply evidence report allowed in part as it aids the Court in determining merit
Background In Justice Furlanetto’s recent decision in Boehringer v JAMP, the Court returned to first principles in deciding whether to allow 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
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
Can a party make invalidity arguments against dropped claims?
In NCS Multistage Inc. v Kobold Corporation, 2023 FC 1486 Justice McVeigh determined whether NCS could raise invalidity arguments against non-asserted claims...Read More
Complex proceedings yield elevated lump sum costs for Kobold
Justice McVeigh recently awarded Kobold Corporation and Promac Industries Ltd. elevated lump sum costs in what may have been “the most complex...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
Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include...Read More
No Entitlement to Punitive Damages for Infringing Compatible Products
Angelcare Canada Inc v Munchkin, Inc, 2023 FC 1111 deals with the Plaintiffs’ entitlement to remedies arising from a successful patent infringement...Read More
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal...Read More
Leave Granted to Amend Statement of Defence and Includes Bases of Invalidity not Contained in Notice of Allegation
In Boehringer Ingelheim (Canada) Ltd v JAMP Pharma Corporation, 2023 FC 1414, Associate Judge Cotter of the Federal Court granted JAMP’s motion...Read More