Federal Court Strikes Down Drug Pricing Amendment
In Innovative Medicines Canada v The Attorney General (Canada), the Applicants sought judicial review of the General in Council’s decision to... Read More
Walking Speed Claims Held Obvious In First Pharmaceutical Patent “Common Issues” Validity Trial
On May 15, 2020, the Federal Court issued its first decision in a “common issues trial” under the new Patented Medicines (Notice... Read More
Degree of Resemblance the Overriding Consideration in Confusion Analysis
Background YM registered the CABIN FEVER & Design mark in 2017 in association with various clothing items. Roots sought to strike out... Read More
Protective Orders Dead In Canada? – Not So Fast
Parties involved in patent litigation in the Federal Court often exchange sensitive confidential documents of an economic, scientific or technical nature as... Read More
Pleading Amendments Alleging Prior Public Disclosure Refused Where Defendants Lack Material Facts
In 2015, Specialized Desanders sued Dynacorp Fabricators (now Enercorp Sand Solutions) and Progress Energy Canada for infringement of Canadian Patent No, 2,407,544... Read More
Google’s Speculative and Excessive $1.5M Security for Costs Request Dismissed
Paid Search Engine Tools, a corporation normally resident outside Canada, is the owner of Canadian Patent No. 2,415,167 entitled “Paid Search Engine Bid... Read More
Supreme Court of Canada Refuses to Hear Mining Patent Obviousness Appeal
On June 14, 2018, the Supreme Court of Canada dismissed Ciba’s application for leave to appeal the decision of the Federal Court... Read More
Problem Gaming Patent Lacks Scintilla Of Utility
On May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving... Read More
Why Are We Here? Actual Loss Required For Trademark Damages
Clearview Plumbing & Heating Ltd. v. Clockwork IP, LLC is a trademark infringement action that proceeded to trial despite the parties agreeing that... Read More
Court of Appeal Jettisons Uncertain “Inventive Concept” in Obviousness Analysis
The Federal Court of Appeal released its decision in the appeal from the successful patent impeachment action by SNF challenging the validity... Read More
Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA
On September 18, 2017, the Federal Court of Appeal released its decision in BMS’ appeal of a decision dismissing its prohibition application... Read More
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U... Read More
Court of Appeal Reaffirms Filing Date As Relevant Date for Assessing Sufficiency of Disclosure
On July 24, 2017, the Federal Court of Appeal released its Reasons for Judgement in Idenix’s appeal involving the drug sofobuvir, the... Read More
Supreme Court Breaks The “Promise Doctrine” In NEXIUM Patent Dispute
On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility... Read More
Supreme Court upholds worldwide injunction against Google
In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its... Read More
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of... Read More
Court of Appeal Clarifies Meaning Of “Inventive Concept”
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal from a Judgment of the Federal Court... Read More
Plavix 1’s “Inventive Concept” Did Not Change the Definition Of Obviousness – Federal Court of Appeal
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal of a Judgment dismissing a prohibition application... Read More
Federal Court Upholds Commissioner’s Refusal To Correct Patent Priority Date As Untimely
In April 3rd, 2013, Bayer Cropscience filed a US patent application. The USPTO refused to award this application an April 3, 2013... Read More
Cascades Declaws ROYALE Kittens’ Demand For Provisional Injunction
On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product’s demand for a provisional injunction seeking to enjoin Cascades from... Read More
Sufficiency Only Requires A Description Of One Way Of Making The Inventive Product
On January 12, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Barnes decision (see our previous post here) holding Canadian Patent... Read More
PATANOL Statutes of Monopolies claim struck as premature but other pleadings survive
Actavis had been named as a respondent in an application under the Patented Medicines (Notice of Compliance) Regulations in respect of two... Read More
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced... Read More
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving... Read More
Ethinylestradiol/Drospirenone Formulation Patent Valid and Infringed
On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex... Read More