No Viable Class Action for Alleged Generic Drug Pricing Conspiracy
The Federal Court denied Kathryn Eaton’s motion to certify a national class action on behalf of Canadians who purchased generic drugs out-of-pocket...Read More
Preventous’ fishing expedition (v Canada): Hook, line, and sinker-but no catch
The Federal Court dismissed a Federal Courts Rule 51 appeal by Preventous Collaborative Health, which sought the production of documents from Health...Read More
Product Monograph Carve-Outs May Not Avoid Infringement
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Apotex v Janssen, 2023 FCA 220, dismissed Apotex’s appeal...Read More
Manufacturer added as a defendant in action against end users
Ecobee, a manufacturer of smart thermostats, successfully moved to be added as a defendant to a patent infringement action by Seismotech against...Read More
FCA finds that data protection does not prevent a competing amifampridine product
The Federal Court Appeal has reversed the decision of Justice St-Louis (2022 FC 292) quashing the Minister of Health’s decision to issue...Read More
Third Time’s a Charm: Tadalafil Use Patent Invalidated in Summary Trial
Canadian Patent No. 2,226,784 is generally directed to a pharmaceutical composition containing tadalafil or its physiologically acceptable salts or solvates for the...Read More
Sandoz’s Choice: Extend the Statutory Stay and Adjourn Trial or Forego New Invalidity Defences
The Federal Court granted Sandoz Canada Inc. leave to amend its Statement of Defence in an action under the Patented Medicines (Notice...Read More
Dishwasher Detergent Pod Case Deserves “Full Cycle” of Trial: “Express Wash” Summary Judgment Rejected by Court of Appeal
In GEMAK v Jempak, the Federal Court of Appeal set aside a decision granting summary judgment and directed that the matter proceed...Read More
Federal Court Finds a Salt Patent to be an Inventive Selection
Justice Furlanetto, in an action under the NOC Regulations, has held that Canadian Patent No. 2,529,400 (the “400 Patent”) which claimed the...Read More
Disproportional Damage Amounts Claimed are Abusive and May Cost a Claimant
In a recent patent and defamation case, the Québec Superior Court denied damages that were unsupported by evidence and which lacked a...Read More
Federal Court Clarifies Law on Arbitration Clauses
In General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2022 FC 418, the Federal Court clarified the legal test applicable...Read More
Federal Court Addresses the Hallmarks of Unregistrable, Laudatory Trademarks
Rick Spagnuolo and Joseph Syposz (the “Opponents”) opposed Re/Max’s application to register “HALLMARK” in association with real estate services. The Trademarks Opposition...Read More
A fair trial, not a perfect trial: SCC provides guidance on the limits of judicial intervention during a cross-examination
A majority of the SCC has affirmed a decision that a trial judge’s rulings curtailing lines of questioning in a cross-examination in...Read More
Concession Counters Apple’s Bifurcation Motion in Battle over Standards Essential Patent
Wi-Lan sued Apple, and sought an injunction, claiming that several Apple products which comply with the 4G and 5G standards necessarily infringe...Read More
No Evidence of Use Puts Trademark Owner in Hot Water
APEC sold reverse osmosis drinking water filtration systems under the business name “APEC Water Systems” for over 20 years, making its first...Read More
Action against whistle-tweeting – not a SLAPP says Court
In Proctorio, Incorporated v Linkletter, 2022 BCSC 400, the Supreme Court of British Columbia dismissed an application under s 4 of the...Read More
Third Time a Charm? RUZURGI positioned to become a trilogy
The Federal Court has once again quashed the Minister of Health’s decision to issue Médunik a NOC for RUZURGI (amifampridine), for treatment...Read More
Trademark Must-Haves: Clean Underwear and Supporting Evidence
Fruit of the Loom successfully appealed a decision from the Registrar of Trademarks finding no likelihood of confusion between its registered mark,...Read More
Carvedilol case keeps on ticking
In the latest development in the carvedilol skinny label odyssey, the US Court of Appeals for the Federal Circuit dismissed Teva’s petition...Read More
Federal Circuit Applies On-Sale Bar to Offer for Sale of Catheter Introducer
The United States Court of Appeals for the Federal Circuit has reversed the decision of the US District Court for the Eastern...Read More
Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent...Read More
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