Google’s Speculative and Excessive $1.5M Security for Costs Request Dismissed
Paid Search Engine Tools, a corporation normally resident outside Canada, is the owner of Canadian Patent No. 2,415,167 entitled “Paid Search Engine Bid...Read More
Problem Gaming Patent Lacks Scintilla Of Utility
On May 25th, 2018 the Federal Court of Canada released its decision in Safe Gaming System Inc v. Atlantic Lottery Corporation involving...Read More
Why Are We Here? Actual Loss Required For Trademark Damages
Clearview Plumbing & Heating Ltd. v. Clockwork IP, LLC is a trademark infringement action that proceeded to trial despite the parties agreeing that...Read More
Subject Matter Of A Compound Claim Cannot Be Expanded Beyond What It States – FCA
On September 18, 2017, the Federal Court of Appeal released its decision in BMS’ appeal of a decision dismissing its prohibition application...Read More
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U...Read More
Court of Appeal Reaffirms Filing Date As Relevant Date for Assessing Sufficiency of Disclosure
On July 24, 2017, the Federal Court of Appeal released its Reasons for Judgement in Idenix’s appeal involving the drug sofobuvir, the...Read More
Supreme Court Breaks The “Promise Doctrine” In NEXIUM Patent Dispute
On June 30, 2017, the Supreme Court of Canada released its judgment in AstraZeneca v. Apotex, a case dealing with the utility...Read More
Supreme Court upholds worldwide injunction against Google
In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its...Read More
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of...Read More
Court of Appeal Clarifies Meaning Of “Inventive Concept”
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal from a Judgment of the Federal Court...Read More
Plavix 1’s “Inventive Concept” Did Not Change the Definition Of Obviousness – Federal Court of Appeal
On April 11, 2017 the Federal Court of Appeal released its decision in BMS’ appeal of a Judgment dismissing a prohibition application...Read More
Federal Court Upholds Commissioner’s Refusal To Correct Patent Priority Date As Untimely
In April 3rd, 2013, Bayer Cropscience filed a US patent application. The USPTO refused to award this application an April 3, 2013...Read More
Cascades Declaws ROYALE Kittens’ Demand For Provisional Injunction
On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product’s demand for a provisional injunction seeking to enjoin Cascades from...Read More
Sufficiency Only Requires A Description Of One Way Of Making The Inventive Product
On January 12, the Federal Court of Appeal dismissed Apotex’s appeal of Justice Barnes decision (see our previous post here) holding Canadian Patent...Read More
PATANOL Statutes of Monopolies claim struck as premature but other pleadings survive
Actavis had been named as a respondent in an application under the Patented Medicines (Notice of Compliance) Regulations in respect of two...Read More
Without Early Working, Cross-Referenced Drug Submissions Need Not Address Listed Patents: Court of Appeal
On October 12, 2016 the Federal Court of Appeal released a number of judgments dealing with the circumstances in which a cross-referenced...Read More
Court of Appeal Upholds Promised Utility Of Iron Chelation Patent
On September 15, 2016 the Court of Appeal dismissed Teva’s appeal Justice O’Reilly’s prohibition Order preventing the Minister of Health from approving...Read More
Ethinylestradiol/Drospirenone Formulation Patent Valid and Infringed
On September 7, 2016, Justice Fothergill released his public Reasons and Judgement in consolidated patent infringement/impeachment actions brought by Bayer against Apotex...Read More
A Swiss (trademark) Miss – Wenger’s Infringement and Passing Off Claims Dismissed
On March 24, 2016, Justice St-Louis dismissed Wenger’s application for trademark infringement against Travelway and passing off based on following registered trademarks...Read More
Need for the Court to make a proper determination weights heavily in Apotex’ motion for reply evidence
Background On November 10, 2015, Justice, Hughes dismissed Amgen’s application an Order preventing the Minister of Health from issuing a Notice of...Read More
Any publicly available teaching, no matter how obscure, is citable for obviousness – Court of Appeal
The Patent Act was amended in 1993 to to require that an invention cannot be obvious to the skilled person having regard to information that was...Read More
Court of Appeal narrows, but does not resolve, relevant date for assessing double patenting
On April 20, 2016 the Court of Appeal dismissed Mylan’s appeal of a prohibition Order in respect of Mylan’s proposed tadalafil product....Read More
Expert blinding not determinative in ADDERALL XR prohibition application
On April 7, 2016., Justice Locke released his Judgment and Reasons in a prohibition application involving Shire, Apotex and the latter’s proposed...Read More
Strong Possibility of Future Drug Patent Infringement Survives Motion to Strike
On March 21, 2016, Justice Barnes dismissed an appeal of Prothonotary Tabib’s Order that refused to strike a pleading based in quia...Read More
Supreme Court of Canada To Hear AstraZeneca’s Esomeprazole Appeal
On March 10, 2016, the Supreme Court of Canada granted AstraZeneca’s application for leave to appeal the decision of the Federal Court...Read More