Blog

The Ontario Superior Court recently dismissed a claim for damages brought by Apotex under section 8 of the Patented Medicines (Notice of Compliance) Regulations. The...

SLAPP’ed Back to Court for Letting the Links Out

09 May 2023

Jon Stainsby, Alyssa Gaffen

Appeal, Canadian decisions, Copyright, Non-pharma

The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him by Proctorio Inc....

Enough (evidence) is enough: Redactions to invoices no barrier to lump sum costs award

09 May 2023

Bill Mayo, Aleem Abdulla

Canadian decisions, Patent Impeachment, Patent Infringement

In Eli Lilly v Apotex, Justice St-Louis awarded Apotex its costs in a patent action involving the drug tadalafil and three patents asserted by Eli...

Lack of Success is Not Evidence of Bias

10 Mar 2023

Devin Doyle, Rob Youngson

Canadian decisions, Copyright, Court Practice, Non-pharma

Christopher Johnson, a self-represented Plaintiff, commenced a copyright infringement action in November 2021 against several defendants, including the Canadian Tennis Association (“Tennis Canada”). Madam Associate...

Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions

27 Feb 2023

Jonathan Giraldi, Alyssa Gaffen

Canadian decisions, Court Practice, Patent Impeachment, Patent Infringement, PM NOC

The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented Medicines (Notice of...

Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking

14 Feb 2023

Lesley Caswell, Aleem Abdulla

Canadian decisions, Copyright, Court Practice, Non-pharma

In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order. Molo commenced copyright...

Equitable Remedies not in the Program for Rovi Guides

16 Jan 2023

Jon Stainsby, Mary Murray

Canadian decisions, Damages, Non-pharma

The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1) of the Patent...

Overbreadth is in the Eye of the Beholder – The Federal Court’s Overbreadth Analysis in Rovi #2

16 Jan 2023

Jon Stainsby, Alyssa Gaffen

Canadian decisions, Non-pharma, Patent Impeachment, Patent Infringement

As reported in our recent post here, the Federal Court invalidated the claims of four patents asserted by Rovi Guides, Inc. and Tivo Solutions Inc....

But-For Result in Prohibition Proceeding Does Not Give Rise to Section 8 Claim for Damages