Equitable Remedies not in the Program for Rovi Guides
The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1)... Read More
Infringers held accountable with the springboard profits and accounting for profits remedies
The SCC dismissed Nova Chemical’s appeal of Dow Chemicals’ accounting of profits and springboard profits award in an 8:1 (Côté J. dissenting)... Read More
Onus is on (you) to Further Restrict a Protective Order
In Janssen Pharmaceutica N.V. v Apotex Inc., 2022 FC 1262, Case Management Judge Trent Horne held that where parties cannot agree on... Read More
Burden on summary trial can shift, and both parties come up short on ownership
In Mud Engineering Inc. v Secure Energy (Drilling Services) Inc., 2022 FC 943, Justice St-Louis dismissed a motion for summary trial and... Read More
Federal Court clarifies test for Protective Orders with Counsel’s Eyes Only Provisions
In Del Ridge Homes Inc. v Ledgemark Homes Inc., 2022 FC 566 the Federal Court upheld Prothonotary Milczynski’s decision to dismiss Ledgemark... 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
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
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
Allergen’s “Food Effect” patent is valid but infringement by Apotex was not on the menu
Background Justice Kane of the Federal Court found Canadian Patent 2,602,188, listed on the Patent register for ACTONEL DR (used for... Read More
Prior Users’ Exception to Patent Infringement Clarified by Federal Court of Canada
In Kobold Corporation v NCS Multistage Inc., 2021 FC 1437, Justice Zinn released the first decision interpreting and applying amended section 56... Read More