No, no, no, no, don’t PUNK with Brewdog’s Trademark
In 2024 FC 891, Justice Tsimberis dismissed PDM’s appeal of the Trademarks Opposition Board’s decision to deny PDM’s trademark (“TM”) application for...Read More
A cautionary tale on appealing trademark oppositions: Trouble with narrowing distinctiveness grounds and website analytics
In D.M.C. SRL v Giusti, DMC appealed the Trademarks Opposition Board’s rejection of their opposition of Giusti’s trademark application no. 1,611,381. Giusti...Read More
Time warp on the patent register: Amendments to EMD Serono’s MAVENCLAD judicial review
This is one of two motions relating to judicial reviews that considered when a first person’s patent is eligible for listing on...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
CUSMA vs Food and Drug Regulations: Federal law predominates
Justice Stratas, writing a unanimous decision for the Federal Court of Appeal in Janssen v Attorney General of Canada, 2024 FCA 66,...Read More
Federal Court of Appeal echoes the Federal Court smart speaker decision
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Google LLC v Sonos Inc., 2024 FCA 44, dismissed...Read More
Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...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
Due care must be used in paying patent maintenance fees and in requesting reinstatement
In what Justice Furlanetto describes as “the first judicial review in which the “due care” provisions under subsection 46(5) of the Patent Act have been substantively...Read More
Provisional injunction granted: no “unclean hands” in royalty dispute
In Cameo Knitting v Kodiak Group Holdings (2024 QCCS 292), the Quebec Court of Appeal decided whether to issue a provisional injunction...Read More
A triumph in trademark appeal: Backordered realities
Finastra International Ltd. v Fenestrae B.V. is an appeal from a Trademark Opposition Board decision to maintain certain goods and services on...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
PMPRB prevails in obtaining financial disclosure
Justice Fothergill dismissed Galderma’s judicial review application of the Patented Medicine Prices Review Board’s redetermination decision concluding Galderma’s Patent pertained to its...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
Equitable Remedies not in the Program for Rovi Guides
The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1)...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
The Price of Contempt
In August 2018, Justice Patillo granted summary judgment (see here) permitting recognition and enforcement in Ontario of US judgments against the defendants,...Read More
Another Look at Certificates of Supplemental Protection
In a decision released July 7, 2020, the Federal Court granted an application for judicial review of the Minister of Health’s refusal...Read More
Foolish Consistency is the Hobgoblin of Little Minds
Is an adjuvant an excipient or an active ingredient? This was the central question in the Federal Court’s decision in GSK’s application...Read More
Inadmissible Evidence Leads to Dismissal of Application
In Rowan Williams Davies & Irwin Inc. v ProWise Engineering Inc. et al., Justice O’Reilly dismissed the application after finding there was...Read More
Happenstance Prior Art Disclosure Of Claim Element Insufficient To Support Obviousness
This judgment was made following the hearing of an application under the PM(NOC) Regulations involving Valeant’s Glumetza™, a proprietary formulation of metformin...Read More