Source Code is Relevant And Producible In Software Patent Infringement Action
Prothonotary Tabib’s recent decision in Guest Tek Interactive Entertainment v Nomadix considers a number of discovery-related issues that arose in the context...Read More
Pipefill sales recoverable under section 8 – Federal Court of Appeal
In its judgment dated February 22, 2018, the Federal Court of Appeal dismissed Eli Lilly’s appeal from the judgment of Justice O’Reilly...Read More
“Overpromising” following Esomeprazole SCC
In this decision, Justice Manson was called upon to decide whether certain amendments Apotex sought to make to its pleadings ought to...Read More
What does that patent say, anyway? Appellate review of patent construction
In two recent judgments, Cobalt v. Bayer and ABB v Hyundai, the Federal Court of Appeal has explicitly considered the appropriate standard of review for...Read More
Hands Off My Profits
In a decision released May 5, 2015, the Court of Appeal for Ontario has upheld the Divisional Court’s decision that had struck...Read More
The Second Person’s Burdens (with apologies to Rudyard Kipling)
On January 9, 2015, the Federal Court of Appeal released Reasons for Judgment dismissing an appeal brought by Merck and BMS from...Read More