The New NAFTA: Trademark and Industrial Design Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement... Read More
The New NAFTA: Copyright Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement... Read More
The New NAFTA: Patent Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement... Read More
Defamation Claim Fails Against Truthful Copyright Infringement Allegations Made on Social Media
In Johnson v. Rakhmanova, the Ontario Superior Court of Justice allowed a Defendant’s motion to dismiss a defamation claim on the basis that... Read More
Trademark Rights Sufficient To Support Restraint of Trade
The recent decision from the Ontario Court of Appeal in Mars Canada Inc. v. Bemco Cash & Carry upheld a settlement agreement... Read More
Abusive Patent Infringement Claim Dismissed by Federal Court
In Mostar Directional Technologies Inc. v. Drill-Tek Corporation and Drill-Tek MWD Services Ltd., Mostar claimed patent infringement and inducement. Mostar provides drilling... Read More
Hindsight Approach to Obviousness Rejected In Oilfield Patent Dispute
Justice Manson’s recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination... Read More
Know Your Role: Court Boots Expert Reports Providing Opinions On Domestic Law
The Federal Court has allowed a pre-trial motion to strike expert reports and bar the authors of those reports from testifying at... Read More
Dow’s Complex Patent Case Justifies Increased Legal Fees
Justice O’Keefe has issued a costs award granting the successful party in a patent infringement action approximately 30% of its legal costs,... Read More
Sweet Relief On Appeal: HONEY Has Its Trade-Mark Registration Restored By Federal Court
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45... Read More
Earlier PM(NOC) Loss Does Not Disentitle Patentee From Electing Infringement Remedy
Justice Fothergill’s recent decision establishes that a prior favourable decision under the NOC Regulations cannot be relied upon by a generic pharmaceutical... Read More
PIRANHA Bites Back: Federal Court Reverses Expungement of Saw Blade Trademark
The Federal Court in The Black & Decker Corporation v. Method Law Professional Corporation, has reversed a decision of the Registrar of Trade-marks... Read More
Party Has Prima Facie Right To Select Discovery Representative
The Federal Court recently issued a decision dealing with a discovery motion requesting a specific individual as a representative for discovery and... Read More
Notice and Notice Regime Does Not Provide Legal Basis for Identifying Alleged Copyright Infringer
Justice Boswell’s decision in Voltage Pictures, LLC v. John Doe, 2016 FC 881, confirms that amendments to sections 41.25 and 41.26 of... Read More
Necessity Not the Only Test for Parties Seeking to be Added to a Proceeding
Justice Kane’s decision in Apotex Inc. v. Minister of Health, 2016 FC 776, has clarified that not all parties will be required... Read More
Punitive Damages May Exceed Compensatory Damages: Federal Court of Appeal
The Federal Court of Appeal has agreed that, in principle, an award for punitive damages may exceed compensatory damages. In Annie Pui... Read More
TekSavvy Gets a Shocker from Voltage: Non-Party May Bear Some Costs Associated with Discovery
The decision of Justice Annis in Voltage Pictures LLC v. John Doe and Jane Doe reaffirms that there is no rule that... Read More
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent... Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead... Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of... Read More
Absent Unusual Circumstances, Column IV Costs Remain the Standard in PM(NOC) Proceedings
Justice O’Reilly’s decision in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited confirms that costs awarded at the upper end of Column... Read More
Confidentiality in the Federal Court: Application Judge Has the Final Say
Public openness and access to material filed in Court are underlying principles of the judicial process, and these principles were addressed in... Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that... Read More
The Price is Right… If You Can Prove It In Court
The Federal Court has agreed that a defendant may reduce the damages owed to a plaintiff, if the defendant can show that... Read More
If at first you don’t succeed, you may not be permitted to try again
Justice Barnes’ decision in Gilead Sciences, Inc. v. Minister of Health is a cautionary note to applicants in PM(NOC) Proceedings to think... Read More