Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2
As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and...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
To Market, To Market, or the Regulations Will Not Apply
The Federal Court dismissed two applications for judicial review by AbbVie Corporation, who challenged the Minister of Health’s decisions (1) finding JAMP...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
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