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
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
Seven years of delay invites dismissal
On April 25, 2017, Vermillion filed an application seeking expungement of Green Circle’s Green Circle Salons and Design mark. Seven years later,...Read More
Minor design elements will not rack the casual consumer’s brain
King Rack filed a trademark application seeking registration of its BUZZRACK design mark based on use in association with various rack-style carriers...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Allergan’s eyedrop patent withstands the Federal Court’s gaze
Allergan commenced a patent infringement action against Juno, alleging that Juno’s proposed bimatoprost product would infringe claims 16 and 19 of Allergan’s...Read More
Admissibility of expert evidence is best left to the trial judge
McCain commenced a patent infringement action against Simplot, asserting that Simplot had infringed McCain’s 841 Patent directed to a process used for...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
FCA Confirms Obviousness of Lilly’s Tadalafil Patent
In Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816, Justice St-Louis held that the asserted claims of Lilly’s Patent...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
Federal Court takes Rovi’s IPTV patents off the air
Justice Lafrenière dismissed Rovi’s infringement actions and granted the defendants’ counterclaims for declarations of invalidity, holding that nothing in the asserted claims...Read More
Costs Awarded on Appeal Clarifying FC Model Protective Order
Justice Go recently released her costs order and reasons arising from Surewerx USA Inc. v. Dentec Safety Specialists Inc., 2022 FC 1190....Read More
Federal Court of Appeal Upholds Fampridine Trial Decision
Biogen appealed a decision of the Federal Court dismissing its patent infringement actions on the basis that all of the asserted claims...Read More
Akebia’s “Zombie Motion” is Put to Rest
In FibroGen, Inc. v. Akebia Therapeutics, Inc., Justice Rennie allowed FibroGen’s appeal from an order requiring that FibroGen file certain fact witness...Read More
Federal Court’s Confusion Analysis Aligns with TMOB Despite New Evidence on Appeal
Osstemimplant applied to register the trademark MAGICALIGN for use in association with orthodontic goods. Align opposed the registration, asserting that MAGICALIGN was...Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the...Read More
BC Civil Resolution Tribunal Restates the Ingredients of a Binding Settlement Agreement
Background In the underlying dispute, Ehsan Haji Mahdizadeh Zargar alleged that the City of Vancouver infringed his copyright in 2 photographs by...Read More
Federal Court Addresses the Hallmarks of Unregistrable, Laudatory Trademarks
Rick Spagnuolo and Joseph Syposz (the “Opponents”) opposed Re/Max’s application to register “HALLMARK” in association with real estate services. The Trademarks Opposition...Read More
Concession Counters Apple’s Bifurcation Motion in Battle over Standards Essential Patent
Wi-Lan sued Apple, and sought an injunction, claiming that several Apple products which comply with the 4G and 5G standards necessarily infringe...Read More
No Evidence of Use Puts Trademark Owner in Hot Water
APEC sold reverse osmosis drinking water filtration systems under the business name “APEC Water Systems” for over 20 years, making its first...Read More
UK Sufficiency Requires Enablement Across Substantially All of the Claimed Subject Matter
Sufficiency is a general requirement of UK patent law and under the European Patent Convention that requires the patentee to show that a...Read More